[2015] KEELC 292 (KLR)
The court found that the applicants failed to pay the required adjournment fees as previously ordered and were absent from court on the day scheduled for hearing of the main motion for judicial review. The applicants' absence and non-compliance with the court's directions indicated a lack of interest in prosecuting...
Source-derived case information.
- Citation
- [2015] KEELC 292 (KLR)
- Parties
- Applicant: Tabutany C. Chepkwony; Applicant: David C. Milgo; Applicant: Reuben K. Milgo; Applicant: Joseph K. Milgo; Respondent: Alice Cherono Bii; Respondent: The Chairman Londiani Land Disputes Tribunal; Respondent: The Principal Magistrate’s Court at Kericho
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 25 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Motion for Judicial Review; Dismissal for Want of Prosecution
- Outcome
- judicial review motion dismissed for want of prosecution with costs to the respondents
- Judges
- MA Silau
- Legal Topics
- Dismissal for Want of Prosecution, Judicial Review Procedure, Adjournment Fees, Land Disputes Tribunal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tabutany C. Chepkwony
Applicant
David C. Milgo
Applicant
Reuben K. Milgo
Applicant
Joseph K. Milgo
Applicant
Alice Cherono Bii
Respondent
The Chairman Londiani Land Disputes Tribunal
Respondent
The Principal Magistrate’s Court at Kericho
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Motion for Judicial Review; Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the judicial review motion should be dismissed for want of prosecution due to non-payment of adjournment fees and non-attendance by the applicants.
Ratio Decidendi
The court found that the applicants failed to pay the required adjournment fees as previously ordered and were absent from court on the day scheduled for hearing of the main motion for judicial review. The applicants' absence and non-compliance with the court's directions indicated a lack of interest in prosecuting the matter. Consequently, the court exercised its discretion to dismiss the judicial review motion for want of prosecution, awarding costs to the respondents.
Court Disposition
judicial review motion dismissed for want of prosecution with costs to the respondents
Orders
- The judicial review motion is dismissed for want of prosecution.
- Costs awarded to the respondents.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT & LAND COURT AT KERICHO
MISCELLENOUS APPLICATION NO. 25 OF 2010
TABUTANY C. CHEPKWONY……........................…...……………………1ST APPLICANT
DAVID C. MILGO………..........................……………………………………2ND APPLICANT
REUBEN K. MILGO.........................…………………………………………3RD APPLICANT
JOSEPH K. MILGO…...........................………………………………………4TH APPLICANT
VERSUS
ALICE CHERONO BII…………................……...................…………………1STRESPONDENT
THE CHAIRMAN LONDIANI LAND DISPUTES TRIBUNAL………………2ND RESPONDENT
THE PRINCIPAL MAGISTRATE’S COURT AT KERICHO…………………3RD RESPONDENT
RULING
When this matter was called out in the morning, it emerged that court adjournment fees ordered on 5th May, 2015 had not been paid by the applicants. I placed the file aside to facilitate payment. I have been waiting since then and it is now 12. 30p.m. The applicants are absent and so is their Counsel. I have caused the matter to be called both inside and outside court and there is no response. This matter was today fixed for hearing of the main motion for judicial review. It appears to me that the applicants are no longer interested in the matter hence their failure to pay Court Adjournment Fees and their absence in court.
For failure to prosecute, I have no option but to dismiss the Judicial review motion with costs to the respondents.
It is so ordered.
Dated, Signed and delivered on this 20th day of July, 2015 in the absence of M/s J.K. Kirui & Company Advocates for applicants and No appearance for Respondents. Court clerk; Kenei
MUNYAO SILA
JUDGE
ENVIRONMENT AND LAND COURT