[2018] KEELC 4817 (KLR)
The court found that the plaintiff and his advocate failed to take necessary steps to substitute the deceased plaintiff or to revive the suit within the time allowed by law and as directed by the court. No application for reinstatement was filed, and neither party appeared in court for directions. As a result, the...
Source-derived case information.
- Citation
- [2018] KEELC 4817 (KLR)
- Parties
- Plaintiff: Peter Mutegi; Defendant: Benjamin Kimenchu & Another
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 105 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution and abatement
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Abatement of Suit, Revival of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mutegi
Plaintiff
Benjamin Kimenchu & Another
Defendant
Procedural Posture
Land and Property Suit / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution.
- 2 Whether the suit had abated by operation of law and if it could be revived.
Ratio Decidendi
The court found that the plaintiff and his advocate failed to take necessary steps to substitute the deceased plaintiff or to revive the suit within the time allowed by law and as directed by the court. No application for reinstatement was filed, and neither party appeared in court for directions. As a result, the suit had abated by operation of law and no cause was shown why it should not be dismissed for want of prosecution. The court therefore dismissed the suit and ordered its removal from the record of pending files.
Court Disposition
suit dismissed for want of prosecution and abatement
Orders
- The suit is dismissed for want of prosecution and abatement.
- The suit should be removed from the record of pending files in the Environment and Land Court.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 105 OF 2017
FORMERLY MERU ELC. 103 OF 2007
PETER MUTEGI.......................................................PLAINTIFF
VERSUS
BENJAMIN KIMENCHU & ANO......................DEFENDANTS
RULING
1. This suit was filed in 2007. This court, on 29th June, 2017, gave notice asking the parties to come to court on 26. 7.2017, to show cause why the suit should not be dismissed for want of prosecution in terms of Order 17 Rule 2(1) of the Civil Procedure Rules.
2. The plaintiff’s advocate told the court that he had lost contact with his deceased client’s family. He asked for time to substitute the plaintiff. He was granted 60 days but never effected the substitution.
3. On 11th December, 2017, the plaintiff and his advocate were given 30 days to apply for an order to revive the suit as by law it was non-existent as it had abated. Parties were directed to come to court for directions on 29. 1.2018.
4. On 29. 1.2018, the parties did not come to court. The plaintiff’s advocate had not filed an application to have the suit reinstated.
5. In the circumstances, I find that the parties have not shown cause why the suit should not be dismissed for want of prosecution. I also find that the suit, by operation of law, remains abated against the plaintiff.
6. This suit is dismissed and should be removed from the record of pending files in the Environment and Land Court.
7. No costs are awarded.
8. It is so ordered.
Delivered in open court at Chuka this 29th day of January, 2018 in the presence of:
CA: Ndegwa
Parties absent
P.M. NJOROGE
JUDGE