[2018] KEELC 3700 (KLR)
The court found that the application was so defective that it could not be entertained. Specifically, there was no operative order in the judgment sought to be set aside, as the judgment merely dismissed the applicant's suit for want of prosecution. Therefore, the application was struck out without consideration of...
Source-derived case information.
- Citation
- [2018] KEELC 3700 (KLR)
- Parties
- Plaintiff: Simon Wafula Wesusa; Defendant: Nakwanga Co-operative Society Ltd
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 135 of 2015
- Procedural Posture
- Land Case / Ruling on Application to Set Aside Judgment and for Stay of Execution
- Outcome
- Application struck out with costs to the respondent.
- Judges
- FM Njoroge
- Legal Topics
- Setting Aside Judgment, Stay of Execution, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Wafula Wesusa
Plaintiff
Nakwanga Co-operative Society Ltd
Defendant
Procedural Posture
Land Case / Ruling on Application to Set Aside Judgment and for Stay of Execution
Legal Issues
- 1 Whether the application to set aside the judgment dismissing the suit for want of prosecution is competent.
- 2 Whether the court should grant a stay of execution and proceedings.
Ratio Decidendi
The court found that the application was so defective that it could not be entertained. Specifically, there was no operative order in the judgment sought to be set aside, as the judgment merely dismissed the applicant's suit for want of prosecution. Therefore, the application was struck out without consideration of its merits.
Court Disposition
Application struck out with costs to the respondent.
Orders
- The application dated 1/3/2018 is struck out with costs to the respondent.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 135 OF 2015
SIMON WAFULA WESUSA...................................................PLAINTIFF
VERSUS
NAKWANGA CO-OPERATIVE SOCIETY LTD..............DEFENDANT
R U L I N G
1. The application dated 1/3/2018 sought an order of stay of execution of the judgment of the decree and a stay of proceedings.
2. It further sought that this court do set aside its judgment signed and delivered on 19/9/2017 dismissing the applicants suit for want of prosecution and that the defendant be granted leave to file its defence.
3. The application is supported by the affidavit of one Emmanuel Barasa the treasurer of the defendant.
4. I do not need to go deep into the merits of the application at hand which was argued ex-parte before me by counsel for the defendant/applicant, for the reason that I find the application to be so defective that it cannot be entertained. I do not find any order made in the judgment sought to be set aside, which dismissed the applicant’s suit for want of prosecution.
5. For that reason and without more, I strike out the application dated 1/3/2018 with costs to the respondent.
Dated, signed and delivered at Kitale on this 13th day of April, 2018.
MWANGI NJOROGE
JUDGE
13/5/2018
Coram:
Before -Mwangi Njoroge, Judge
Court Assistant - Picoty
Mr. Karani holding brief for Mr. Katama for Applicant
N/A for Respondent
COURT
Ruling read in open court.
MWANGI NJOROGE
JUDGE
13/4/2018