[2023] KEELC 20040 (KLR)
The court found that the applicants, having served the hearing date on the respondents, failed to attend court to prosecute their application. The 1st defendant's advocate's request for dismissal for non-prosecution was justified. The court exercised its discretion under the Civil Procedure Rules to dismiss the...
Source-derived case information.
- Citation
- [2023] KEELC 20040 (KLR)
- Parties
- Applicant: Kamais Pius; Applicant: Guyo Wako; Applicant: Shinda Boru; Respondent: China Communication Company; Respondent: Kenya National Highway Authority
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E001 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Application for Dismissal for Non Prosecution
- Outcome
- Application dismissed for non-prosecution. Costs awarded to the 1st defendant.
- Judges
- PM Njoroge
- Legal Topics
- Dismissal for Non Prosecution, Service of Process, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kamais Pius
Applicant
Guyo Wako
Applicant
Shinda Boru
Applicant
China Communication Company
Respondent
Kenya National Highway Authority
Respondent
Procedural Posture
Environment and Land Case / Ruling on Application for Dismissal for Non Prosecution
Legal Issues
- 1 Whether the application by the plaintiffs should be dismissed for non-prosecution.
- 2 Whether costs should be awarded to the 1st defendant.
Ratio Decidendi
The court found that the applicants, having served the hearing date on the respondents, failed to attend court to prosecute their application. The 1st defendant's advocate's request for dismissal for non-prosecution was justified. The court exercised its discretion under the Civil Procedure Rules to dismiss the application for non-prosecution and awarded costs to the 1st defendant. The absence of the applicants and their advocate, despite proper service, warranted the dismissal of the application and the award of costs.
Court Disposition
Application dismissed for non-prosecution. Costs awarded to the 1st defendant.
Orders
- The application by the plaintiffs dated July 27, 2023 but filed on August 15, 2023 is hereby dismissed.
- Costs are awarded to the 1st defendant.
Full Case Text
Judgment text and source record
24 paragraphs
Pius & 2 others v China Communication Company & another (Environment & Land Case E001 of 2023) [2023] KEELC 20040 (KLR) (25 September 2023) (Ruling)
Neutral citation: [2023] KEELC 20040 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case E001 of 2023
PM Njoroge, J
September 25, 2023
Between
Kamais Pius
1st Applicant
Guyo Wako
2nd Applicant
Shinda Boru
3rd Applicant
and
China Communication Company
1st Respondent
Kenya National Highway Authority
2nd Respondent
Ruling
1. The matter came up for interparties hearing on 25/9/2023. Although the applicant’s Advocate served the application and today’s date upon the respondents, their advocate and his clients did not come to court.
2. On 25/9/2023, Miss Omondi, the 1st defendant’s Advocate asked the court to dismiss the application for non-prosecution and especially because the applicants served the defendants with this hearing date and nevertheless elected not to come to court. I agree with Miss Omondi’s position.
3. In the circumstances, the following orders are issued;-a)The application by the plaintiffs dated July 27, 2023 but filed on August 15, 2023 is hereby dismissed.b)Costs are awarded to the 1st defendant.
DELIVERED IN OPEN COURT AT ISIOLO THIS 25THDAY OF SEPTEMBER, 2023 IN THE PRESENCE OF:Court assistant: DengeHON. JUSTICE P.M NJOROGEJUDGE