[2017] KEELC 2563 (KLR)
The court found that neither the plaintiff nor the defendant attended the hearing on the scheduled date despite the plaintiff's undertaking to serve the hearing notice. In accordance with the Civil Procedure Rules, the absence of both parties justified dismissal of the suit for want of prosecution. The court further...
Source-derived case information.
- Citation
- [2017] KEELC 2563 (KLR)
- Parties
- Plaintiff: Silvester Njue Njagi; Defendant: George Kinyua
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 237 of 2017
- Procedural Posture
- Land and Property Suit / Judgment
- Outcome
- suit dismissed for non-attendance
- Judges
- FM Njoroge
- Legal Topics
- Jurisdiction of Magistrates Courts, Dismissal for Non Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silvester Njue Njagi
Plaintiff
George Kinyua
Defendant
Procedural Posture
Land and Property Suit / Judgment
Legal Issues
- 1 Whether the suit should be dismissed due to non-attendance by both parties on the hearing date.
- 2 Whether the suit was properly instituted in the Environment and Land Court given the pecuniary jurisdiction of magistrates courts.
Ratio Decidendi
The court found that neither the plaintiff nor the defendant attended the hearing on the scheduled date despite the plaintiff's undertaking to serve the hearing notice. In accordance with the Civil Procedure Rules, the absence of both parties justified dismissal of the suit for want of prosecution. The court further opined that, pending the Court of Appeal's decision on the jurisdiction of magistrates courts over land matters and in light of the stay of the High Court decision, small claims and suits within the pecuniary jurisdiction of magistrates courts should originate there. Consequently, the suit was dismissed and no order as to costs was made.
Court Disposition
suit dismissed for non-attendance
Orders
- The suit is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 237 OF 2017
SILVESTER NJUE NJAGI……..………………....………..PLAINTIFF
VERSUS
GEORGE KINYUA…..………………………………….. DEFENDANT
JUDGMENT
1. This suit was to be heard on 27th June, 2017.
2. When the hearing date was given, the plaintiff was in court and he undertook to appropriately serve the defendant with the hearing date fixed by the court.
3. During the date fixed for hearing, that is on 27th June, 2017, after the suit had been called on for hearing outside the court, neither party attended.
4. I find it meritorious to dismiss this suit.
5. I do opine that pending delivery of Judgment in the Court of Appeal concerning the vexed issue of whether or not magistrates courts should handle land matters and since the challenged High Court decision was stayed, all small claims such as this one and all suits falling within the pecuniary jurisdiction of the magistrates courts should originate in the magistrates courts.
6. In the circumstances, this suit is dismissed.
7. I issue no order as to costs.
8. It is so ordered.
Delivered in open court at Chuka this 28th day of June, 2017 in the presence of:
CA: Ndegwa
P.M. NJOROGE
JUDGE