[2018] KEELC 3994 (KLR)
The court found that the ex-parte applicant failed to comply with the court's order to file and serve written submissions within the prescribed period and did not provide any explanation for the non-compliance. The absence of any reasonable or justifiable cause for the delay or failure to act led the court to...
Source-derived case information.
- Citation
- [2018] KEELC 3994 (KLR)
- Parties
- Applicant: Republic; Respondent: District Land Adjudication Settlement Officer Tigania East Sub-County; Interested Party: Andrew Kinyua Mukiri; Respondent: Teresina Karambu Joel (Suing as a legal representative of the estate of Joel M'Imiki M'Etirikia)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 14 of 2017
- Procedural Posture
- Judicial Review / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution with costs to respondent and interested party
- Legal Topics
- Dismissal for Want of Prosecution, Non Compliance With Court Orders, Land Adjudication, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
District Land Adjudication Settlement Officer Tigania East Sub-County
Respondent
Andrew Kinyua Mukiri
Interested Party
Teresina Karambu Joel (Suing as a legal representative of the estate of Joel M'Imiki M'Etirikia)
Respondent
Procedural Posture
Judicial Review / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to the ex-parte applicant's failure to file and serve written submissions as directed by the court.
- 2 Whether any reasonable explanation was provided for non-compliance with the court order.
Ratio Decidendi
The court found that the ex-parte applicant failed to comply with the court's order to file and serve written submissions within the prescribed period and did not provide any explanation for the non-compliance. The absence of any reasonable or justifiable cause for the delay or failure to act led the court to conclude that the suit should be dismissed for want of prosecution. The court exercised its discretion to dismiss the suit, emphasizing the importance of compliance with court orders and the need for parties to prosecute their cases diligently. Costs were awarded to the respondent and interested party.
Court Disposition
suit dismissed for want of prosecution with costs to respondent and interested party
Orders
- The suit is dismissed for want of prosecution.
- Costs awarded to the respondent and interested party.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
JUDICIAL REVIEW NO. 14 OF 2017
REPUBLIC..................................................................................APPLICANT
VERSUS
DISTRICT LAND ADJUDICATION SETTLEMENT
OFFICER TIGANIA EAST SUB-COUNTY……................ (RESPONDENT)
AND
ANDREW KINYUA MUKIRI…….......…………........INTERESTED PARTY
EX-PARTE
TERESINA KARAMBU JOEL (Suing as a legal representative of the
estate ofJOEL M’IMIKI M’ETIRIKIA)...….……................RESPONDENT
R U L I N G
1) On 01:11:17, the Court gave directions for the suit to be heard by way of Written Submissions. The Exparte Applicant was given 14 days within which to file and serve their Submissions. Almost 3 months down the line on 29: 01:18, the Exparte Applicant had not complied with the Court order of 01:11:17. No reasonable or any explanation at all has been given as to why there was none compliance with the Court Order.
2) The Interested Party and the Respondent have urged the Court to dismiss the suit for want of prosecution.
3) I am in agreement with this argument.
4) There being no explanation as to why the Ex-parte Applicant did not comply with the Court Order of 01:11:17, then I proceed to dismiss this suit for want of prosecution with costs to Interested Party and Respondent.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 21st FEBRUARY, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
No appearance for applicant
No appearance for respondent
K. Gitonga for Interested Party present
HON. L. N. MBUGUA
ELC JUDGE