[2023] KEELC 18369 (KLR)
The court found that the plaintiffs, having been duly notified of the hearing date, failed to take any step in the proceedings for over a year. Pursuant to Order 17 Rule 2 of the Civil Procedure Rules, 2010, the court exercised its discretion to dismiss the suit for want of prosecution. The absence of any action by...
Source-derived case information.
- Citation
- [2023] KEELC 18369 (KLR)
- Parties
- Plaintiff: Job Ouma Ogutu; Plaintiff: Julias Odhiambo Ogutu; Defendant: John Ooko Andele; Defendant: Coldori Enterprises Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 12 of 2021
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- Suit dismissed for want of prosecution with costs to the 2nd defendant.
- Judges
- GMA Ongondo
- Legal Topics
- Dismissal for Want of Prosecution, Civil Procedure Rules, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Job Ouma Ogutu
Plaintiff
Julias Odhiambo Ogutu
Plaintiff
John Ooko Andele
Defendant
Coldori Enterprises Limited
Defendant
Procedural Posture
Environment and Land Appeal / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2 of the Civil Procedure Rules, 2010.
Ratio Decidendi
The court found that the plaintiffs, having been duly notified of the hearing date, failed to take any step in the proceedings for over a year. Pursuant to Order 17 Rule 2 of the Civil Procedure Rules, 2010, the court exercised its discretion to dismiss the suit for want of prosecution. The absence of any action by the plaintiffs and the notification of the hearing date justified the dismissal with costs to the 2nd defendant.
Court Disposition
Suit dismissed for want of prosecution with costs to the 2nd defendant.
Orders
- The suit is dismissed with costs to the 2nd defendant pursuant to Order 17 Rule 2 of the Civil Procedure Rules, 2010.
Full Case Text
Judgment text and source record
24 paragraphs
Ogutu & another v Andele & another (Environment and Land Appeal 12 of 2021) [2023] KEELC 18369 (KLR) (19 June 2023) (Ruling)
Neutral citation: [2023] KEELC 18369 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment and Land Appeal 12 of 2021
GMA Ongondo, J
June 19, 2023
Between
Job Ouma Ogutu
1st Plaintiff
Julias Odhiambo Ogutu
2nd Plaintiff
and
John Ooko Andele
1st Defendant
Coldori Enterprises Limited
2nd Defendant
Ruling
1. Mr. Obach learned counsel for the 2nd defendant has implored this court to dismiss this suit with costs.
2. Counsel has informed the court that the plaintiffs have not taken any step herein. That they were notified of this date.
3. Indeed, the plaintiffs duly notified of this date, have not taken any step herein for the last one year.
4. Therefore, this suit be and is hereby dismissed with costs to the 2nd defendant pursuant to order 17 rule 2 of the Civil Procedure Rules, 2010
5. It is so ordered.
DELIVERED DATED AND SIGNED AT HOMABAY THIS 19TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPRESENT.1. Ms. Obach learned counsel for the 2nd defendant.2. Court Assistants, Mutiva and Okello.