[2018] KEELC 3318 (KLR)
The court found that the applicant's assertion that three years are required before a notice to show cause can be issued is incorrect, as Order 17 Rule 2(1) of the Civil Procedure Rules stipulates a period of one year. Furthermore, there was no evidence that the application and hearing date were served upon the...
Source-derived case information.
- Citation
- [2018] KEELC 3318 (KLR)
- Parties
- Plaintiff: Patrick Zaverio Marangu; Defendant: Peter Mugambi Mucheke
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 204 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Reinstatement of Suit
- Outcome
- application dismissed
- Judges
- FM Njoroge
- Legal Topics
- Reinstatement of Suit, Notice to Show Cause, Service of Process, Dismissal for Non Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Zaverio Marangu
Plaintiff
Peter Mugambi Mucheke
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Reinstatement of Suit
Legal Issues
- 1 Whether the suit should be reinstated for hearing on merit after dismissal.
- 2 Whether the notice to show cause was properly served on the parties.
- 3 Whether the period for issuing notice to show cause was correctly interpreted by the applicant.
Ratio Decidendi
The court found that the applicant's assertion that three years are required before a notice to show cause can be issued is incorrect, as Order 17 Rule 2(1) of the Civil Procedure Rules stipulates a period of one year. Furthermore, there was no evidence that the application and hearing date were served upon the defendant, and neither the applicant nor his advocate attended court on the hearing date. In these circumstances, the court dismissed the application for reinstatement of the suit.
Court Disposition
application dismissed
Orders
- The application for reinstatement of the suit is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 204 OF 2017
FORMERLY MERU ELC. 257 OF 2013
PATRICK ZAVERIO MARANGU…...….PLAINTIFF
VERSUS
PETER MUGAMBI MUCHEKE……..DEFENDANT
RULING
1. This application is dated 7th March, 2018. It seeks the following orders:
1. The Honorable court be pleased to reinstate the suit hearing for hearing on merit.
2. Costs be provided for.
2. The application has the following grounds:
A. The notice to show cause had not been served upon us.
B. The suit was not live for N.T.S.C. as it was active and the 3 years in the rules had not expired.
3. The application came up for hearing on 14th May, 2018.
4. On 13. 3.2018 when the applicant obtained a hearing date, he was directed to serve the application upon the defendant. There is no evidence that the application and the hearing date was served upon the defendant.
5. To exacerbate the already bad situation, neither the applicant nor his advocate were in court.
6. The assertion in paragraph B of the grounds upon which the application is buttressed that 3 years are required for Notice to Show Cause to be issued is veritably spurious. Order 17 Rule 2 (1) of the Civil Procedure Rules stipulates a period of 1 year.
7. In the circumstances, this application is dismissed.
8. I issue no order regarding costs.
9. It is so ordered.
Delivered in open court at Chuka this 14th day of May, 2018 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE