[2018] KEELC 2653 (KLR)
The court held that after delivering its judgment on 27th April, 2016, it became functus officio in the matter and thus lacked jurisdiction to entertain the application for leave to cease acting filed by the defendant's advocates. The application did not fall within the category of post-judgment applications that...
Source-derived case information.
- Citation
- [2018] KEELC 2653 (KLR)
- Parties
- Plaintiff: Simon Muchiri Wanjohi; Defendant: Benson Kabugi Muriuki
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 24 of 2013
- Procedural Posture
- Miscellaneous Application / Post Judgment; Application for Leave to Cease Acting
- Outcome
- Application dismissed for want of jurisdiction; court functus officio.
- Judges
- L Waithaka
- Legal Topics
- Leave to Cease Acting, Post Judgment Applications, Functus Officio, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Muchiri Wanjohi
Plaintiff
Benson Kabugi Muriuki
Defendant
Procedural Posture
Miscellaneous Application / Post Judgment; Application for Leave to Cease Acting
Legal Issues
- 1 Whether the court has jurisdiction to entertain an application for leave to cease acting after judgment has been delivered and the court is functus officio.
- 2 Whether the applicant has demonstrated sufficient grounds to be granted leave to cease acting for the defendant.
Ratio Decidendi
The court held that after delivering its judgment on 27th April, 2016, it became functus officio in the matter and thus lacked jurisdiction to entertain the application for leave to cease acting filed by the defendant's advocates. The application did not fall within the category of post-judgment applications that the court is permitted to consider, such as those relating to execution or matters affected by the judgment or decree. As a result, the court declined to grant the orders sought and dismissed the application.
Court Disposition
Application dismissed for want of jurisdiction; court functus officio.
Orders
- The application dated 24th August, 2017 is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NYERI
ELC CASE NO. 24 OF 2013
SIMON MUCHIRI WANJOHI......................................PLAINTIFF
-VERSUS-
BENSON KABUGI MURIUKI...................................DEFENDANT
RULING
1. This suit was heard and Judgment delivered on 27th April, 2016.
2. The defendant filed a notice of appeal on 5th May, 2016 and applied for certified copies of the proceedings and judgment to enable him compile a record of appeal.
3. Copies of judgment and proceedings were received by the firm of Nganga Munene on 24th August, 2016.
4. On 24th August 2017, the firm of Nganga Munene & Company Advocates filed the instant motion seeking an order from this court for leave to cease acting for the defendant on the ground that the defendant has ignored correspondence from them. To prove efforts made in seeking further instructions from the defendant, the applicant annexed letters dated 21st September, 2016, 16th December, 2016 and 26th June, 2017.
5. In an affidavit of service sworn by Gilbert W. Kariuki, a licensed process server sworn on 22nd November, 2017, the defendant was served with the notice of motion on 20th November 2017 at 10. 30 a.m.
6. The application is not opposed.
7. As stated in paragraph 1 of this ruling, judgment was delivered on 27th April, 2016. After delivery of the judgment, this court became functus officiothis matter. The instant application is not among the applications this court can entertain after judgment which relate to or are affected by the judgment and or decree. For that reason I decline to grant the orders sought and dismiss the application dated 24th August, 2017.
Dated, signed and delivered in open court at Nyeri this 3rd day of July, 2018.
L N WAITHAKA
JUDGE
Coram:
N/A for the plaintiff
N/A for the defendant
Court assistant - Esther