[2024] KEELC 6516 (KLR)
The court found that the applicant had repeatedly failed to comply with its orders and had been indolent in prosecuting the application. This persistent non-compliance undermined the integrity of the court process and justified the dismissal of the application for review. The court exercised its discretion to...
Source-derived case information.
- Citation
- [2024] KEELC 6516 (KLR)
- Parties
- Appellant: Radius Investments Limited; Defendant: Salat Abdi Maalim
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 8 of 2023
- Procedural Posture
- Environment and Land Appeal / Ruling on Application for Review and Dismissal
- Outcome
- application dismissed; directions issued for filing record of appeal
- Judges
- PM Njoroge
- Legal Topics
- Review of Court Orders, Non Compliance With Court Orders, Dismissal of Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Radius Investments Limited
Appellant
Salat Abdi Maalim
Defendant
Procedural Posture
Environment and Land Appeal / Ruling on Application for Review and Dismissal
Legal Issues
- 1 Whether the application dated 18/12/2023 should be dismissed for serial disobedience of court orders.
- 2 Whether the applicant's indolence and failure to comply with court orders warrants dismissal of the application for review.
Ratio Decidendi
The court found that the applicant had repeatedly failed to comply with its orders and had been indolent in prosecuting the application. This persistent non-compliance undermined the integrity of the court process and justified the dismissal of the application for review. The court exercised its discretion to dismiss the application dated 18/12/2023, emphasizing that parties must abide by court orders and prosecute their cases diligently. The court further directed the intended appellant to file and serve a record of appeal within 30 days, ensuring the matter proceeds efficiently.
Court Disposition
application dismissed; directions issued for filing record of appeal
Orders
- The application dated 18/12/2023 is hereby dismissed.
- The intended appellant is directed to file and serve a record of appeal within 30 days of 30/9/2024.
Full Case Text
Judgment text and source record
18 paragraphs
Radius Investments Limited v Maalim (Environment and Land Appeal 8 of 2023) [2024] KEELC 6516 (KLR) (30 September 2024) (Ruling)
Neutral citation: [2024] KEELC 6516 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment and Land Appeal 8 of 2023
PM Njoroge, J
September 30, 2024
Between
Radius Investments Limited
Appellant
and
Salat Abdi Maalim
Defendant
Ruling
1. Today, 30/9/2024, Advocate Ondari asked the court to dismiss the application for Serial disobedience of court orders. This application seeks the review of this court’s ruling dated 18/12/2024. The application is dated 18/12/2024 the same date when the impugned ruling was delivered.
2. I do find as a fact that the applicant has been veritably indolent. He has failed to abide by this court’s orders on several occasions. In the circumstances I find that the application for dismissal of the application dated 18/12/2023 by Advocate Ondari is merited.
3. In the circumstances, I issue the following orders;i.The application dated 18/12/2023 is hereby dismissed.ii.The Intended Appellant is directed to file and serve a record of Appeal within 30 days of today.iii.The matter will be mentioned for directions on 10/2/2025.
DELIVERED IN OPEN COURT AT ISIOLO THIS 30TH DAY OF SEPTEMBER, 2024 IN THE PRESENCE OF:Court assistant: Balozi/RahmaHON. JUSTICE P.M NJOROGEJUDGE