[2023] KEELC 18108 (KLR)
The court found that the applicant failed to comply with its orders issued on May 24, 2023, which required substitution of the 1st respondent or termination of the suit. In light of this non-compliance and pursuant to the principles of expeditious disposal of cases and adherence to court directions as mandated by...
Source-derived case information.
- Citation
- [2023] KEELC 18108 (KLR)
- Parties
- Applicant: Mak’anyengo, Kepher Odhiambo; Respondent: Linus Oyaya; Respondent: Minister For Lands; Respondent: District Commissioner Ndhiwa Office
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Court Judicial Review Application 5 of 2021
- Procedural Posture
- Judicial Review Application / Ruling on Compliance With Substitution or Termination Orders
- Outcome
- application dismissed with costs to the 1st respondent
- Judges
- GMA Ongondo
- Legal Topics
- Judicial Review, Certiorari, Prohibition, Mandamus, Land Appeals, Title Reinstatement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mak’anyengo, Kepher Odhiambo
Applicant
Linus Oyaya
Respondent
Minister For Lands
Respondent
District Commissioner Ndhiwa Office
Respondent
Procedural Posture
Judicial Review Application / Ruling on Compliance With Substitution or Termination Orders
Legal Issues
- 1 Whether the applicant complied with the court's orders for substitution of the 1st respondent or termination of the suit.
- 2 Whether non-compliance with court orders warrants dismissal of the application with costs.
Ratio Decidendi
The court found that the applicant failed to comply with its orders issued on May 24, 2023, which required substitution of the 1st respondent or termination of the suit. In light of this non-compliance and pursuant to the principles of expeditious disposal of cases and adherence to court directions as mandated by the Constitution and statutory law, the court exercised its discretion to dismiss the application with costs to the 1st respondent. The court emphasized that compliance with procedural orders is essential for the orderly administration of justice and that disregard of such orders cannot be condoned.
Court Disposition
application dismissed with costs to the 1st respondent
Orders
- The application is dismissed with costs to the 1st respondent.
Full Case Text
Judgment text and source record
24 paragraphs
Odhiambo v Oyaya & 2 others (Environment and Land Court Judicial Review Application 5 of 2021) [2023] KEELC 18108 (KLR) (12 June 2023) (Ruling)
Neutral citation: [2023] KEELC 18108 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Court Judicial Review Application 5 of 2021
GMA Ongondo, J
June 12, 2023
IN THE MATTER OF ARTICLE 22(1), AND 23(I) OF THE CONSTITUTION OF KENYA AND IN THE MATTER OF ORDER 53 OF THE CIVIL PROCEDURE RULES AND IN THE MATTER OF APPLICATION FOR LEAVE TO APPLY FOR RIGHTS OF CERTIORARI, PROHIBITION AND MANDAMUS
Between
Mak’anyengo, Kepher Odhiambo
Applicant
and
Linus Oyaya
1st Respondent
Minister For Lands
2nd Respondent
District Commissioner Ndhiwa Office
3rd Respondent
Ruling
1. The applicant through Wakiaga and Company Advocates lodged a Notice of Motion dated July 22, 2021 further to leave granted on November 1, 2021. He is seeking the following orders:a.That the court be pleased to grant an order of Certiorari of being quashed, the decision of the 3rd Respondent made on November 29, 2020 Reference: Conf/ds/hb Sub/dc/vol1/10 in appeal number on Land Appeal Case Number 125 of 2009. b.That the Court be pleased to grant an order of Prohibition to prohibit and restrain the Respondent either by itself, agents, employees or whatsoever from taking any steps, actions, and measures to enforce its decision contained in the letter dated November 29, 2020. Reference Conf/ds/hb-sub/dc/vol/10 in appeal number on Land Appeal Case No 125 of 2009. c.That the Court be pleased to grant an order of certiorari quashing the decision by the Minister for lands leading to 2 irregular title numbers K/k/karading/830 and K/k/karading/3720. d.That the Court be pleased to grant order of Mandamus to compel the Respondent to reinstate the initial title number K/k/karading/830 and the same be subdivided and written in the names of Appeal and the 1st Respondent.e.That the costs of this application be provide for.
2. On the 24th day of May 2023, the applicant was given final chance for substitution of the 1st respondent or termination of the suit. Further mention was set for today, June 12, 2023.
3. Ms P Odhiambo instructed by LK Obwanda learned counsel for the 1st respondent has informed this court that the Orders of May 24, 2023 have not been complied with. That thus, the matter be dismissed with costs.
4. Having noted the orders of May 24, 2023 which have not complied with and in view of Article 159(2) (b) of the Constitution of Kenya 2010, sections 1A, 1B, 3 and 3A of the Civil Procedure Act (Cap 21 Laws of Kenya) and Section 3 of the Environment and Land Court Act, 2015 (2011), this case is hereby dismissed with costs to the 1st respondent.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 12TH DAY OF JUNE 2023. G.MA. ONG’ONDOJUDGEPRESENT.Ms. P. Odhiambo holding brief for learned counsel, Obwanda for the respondent.Court Assistant, Okello.