[2016] KEHC 4510 (KLR)
The court found that the plaintiffs had demonstrated sufficient cause for the delay in prosecuting the suit, citing their advanced age, ill health, and the remoteness of their residence, which made communication and attendance challenging. The court accepted the undertaking by plaintiffs' counsel to comply with...
Source-derived case information.
- Citation
- [2016] KEHC 4510 (KLR)
- Parties
- Plaintiff: Samson Nkonye Mwinja; Plaintiff: Jovana Nchuguni Nkonye; Defendant: Joseph Iguna Kamwara; Defendant: Japhet Mubiro; Defendant: Rwanda Marigu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 191 of 2013
- Procedural Posture
- Land and Property Case / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- Suit not dismissed; plaintiffs ordered to comply with Order 11 CPR within 30 days.
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Order 11 Civil Procedure Rules, Case Management, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samson Nkonye Mwinja
Plaintiff
Jovana Nchuguni Nkonye
Plaintiff
Joseph Iguna Kamwara
Defendant
Japhet Mubiro
Defendant
Rwanda Marigu
Defendant
Procedural Posture
Land and Property Case / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution.
- 2 Whether the plaintiffs have provided sufficient cause to avoid dismissal.
Ratio Decidendi
The court found that the plaintiffs had demonstrated sufficient cause for the delay in prosecuting the suit, citing their advanced age, ill health, and the remoteness of their residence, which made communication and attendance challenging. The court accepted the undertaking by plaintiffs' counsel to comply with Order 11 of the Civil Procedure Rules within 30 days. Consequently, the court declined to dismiss the suit for want of prosecution and ordered the plaintiffs to file and serve compliance documents within the stipulated period.
Court Disposition
Suit not dismissed; plaintiffs ordered to comply with Order 11 CPR within 30 days.
Orders
- Plaintiffs to comply with Order 11 Civil Procedure Rules within 30 days of the ruling.
- Plaintiffs to serve compliance documents upon the defendants.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND CASE NO 191 OF 2013
SAMSON NKONYE MWINJA …............................................1ST PLAINTIFF
JOVANA NCHUGUNI NKONYE..............................................2ND PLAINTIFF
VERSUS
JOSEPH IGUNA KAMWARA........................….....................1ST DEFENDANT
JAPHET MUBIRO..................................................................2ND DEFENDANT
RWANDA MARIGU................................................................3RD DEFENDANT
R U L I N G
Parties were supposed to show cause why this suit should not be dismissed for want of prosecution pursuant to a notice issued to them by the Deputy Registrar.
On 25/04/2016, when the cause was to be shown, only the Plaintiffs appeared.
Mr. Carlpeters Mbaabu, representing the Plaintiff, explained that the Plaintiffs were ailing elderly people. He told the Court that they come from a very remote part of Tharaka Nithi where the nature of the terrain made it difficult for him to contact them. He said that for him to contact them for today's proceedings, the Process Server had to go through the Chief of the Plaintiff's area.
Mr. Mbaabu asked the Court to allow the Plaintiffs to be heard. He undertook to file and exchange compliance documents within 30 days of the delivery of the ruling in this matter.
I find that the Plaintiffs have shown to the satisfaction of the Court that this suit should not be dismissed . I order the Plaintiffs to comply with Order 11 CPR within 30 days of today and to serve apposite documents upon the defendants .
It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 12TH DAY OF MAY, 2016 IN THE PRESENCE OF:-
Muthamia h/b Ndubi for Defendants
Muthamia h/b Carlpeters Mbaabu for Plaintiffs
P.M. NJOROGE
JUDGE