[2018] KEELC 3402 (KLR)
The court found that proper notice of intention to dismiss the appeal for want of prosecution was issued in accordance with Order 42 Rule 35 (2) of the Civil Procedure Rules. No party appeared on behalf of the appellant to show cause why the appeal should not be dismissed. Consequently, the court exercised its...
Source-derived case information.
- Citation
- [2018] KEELC 3402 (KLR)
- Parties
- Appellant: Onesmus Mbindu; Respondent: Mugo Zakayo Ngari
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 121 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Appeals Process, Land Disputes Tribunal Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Onesmus Mbindu
Appellant
Mugo Zakayo Ngari
Respondent
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution under Order 42 Rule 35 (2) of the Civil Procedure Rules.
- 2 Whether proper notice of dismissal was issued to the parties.
- 3 Whether there was any cause shown to prevent dismissal of the appeal.
Ratio Decidendi
The court found that proper notice of intention to dismiss the appeal for want of prosecution was issued in accordance with Order 42 Rule 35 (2) of the Civil Procedure Rules. No party appeared on behalf of the appellant to show cause why the appeal should not be dismissed. Consequently, the court exercised its discretion to dismiss the appeal for want of prosecution. As a result, the decision of the Eastern Province Land Disputes Tribunal at Embu made on 18th July, 2001 remains valid and is to be implemented by the Chief Magistrate’s Court at Chuka. The appeal is to be removed from the register of pending ELC appeals, and no order as to costs was made.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution.
- The decision of the Eastern Province Land Disputes Tribunal at Embu made on 18th July, 2001 stands and shall be implemented by the Chief Magistrate’s Court at Chuka.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CIVIL APPEAL CASE NO. 121 OF 2017
FORMERLY MERU ELC CIVIL APPEAL NO. 94 OF 2011
ONESMUS MBINDU......................................................APPELLANT
VERSUS
MUGO ZAKAYO NGARI...........................................RESPONDENT
RULING
1. Notice was properly issued to the parties, in accordance with Order 42 Rule 35 (2) of the Civil Procedure Rules that this appeal would be listed for dismissal before me on 9th May, 2018.
2. On 9th May, 2018 only relatives of the Respondent turned up.
3. I am satisfied that the apposite notice was properly issued.
4. No cause was shown that this appeal, having been listed for dismissal, should not be dismissed.
5. This appeal is, therefore, dismissed.
6. In the circumstances, this Court declares that the decision of the Eastern Province Land Disputes Tribunal at Embu made on 18th July, 2001 still stands and should be implemented by the Chief Magistrate’s Court at Chuka.
7. This appeal should forthwith be removed from the register of pending ELC appeals.
8. I issue no order as to costs.
9. It is so ordered.
Delivered in open Court at Chuka this 9th day of May, 2018
in the presence of:
CA: Ndegwa
Miss Muthoni h/b Ithiga for the Appellant
P.M. NJOROGE
JUDGE