[2017] KEHC 7740 (KLR)
The court found that the petitioner had complied with all court orders by filing submissions in a timely manner, while the respondents failed to file their submissions on the preliminary objection despite being given several opportunities, including a final chance. The delay in prosecution was therefore attributable...
Source-derived case information.
- Citation
- [2017] KEHC 7740 (KLR)
- Parties
- Applicant: Victor Mbae Mugambi; Respondent: District Land Adjudication & Settlement Officer Mariani Adjudication Section; Respondent: Attorney General; Interested Party: M’Nthaka Mugwika
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 84 of 2013
- Procedural Posture
- Constitutional Petition / Ruling on Preliminary Objection and Want of Prosecution
- Outcome
- preliminary objection dismissed; suit not dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Preliminary Objection, Land Adjudication, Filing of Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Mbae Mugambi
Applicant
District Land Adjudication & Settlement Officer Mariani Adjudication Section
Respondent
Attorney General
Respondent
M’Nthaka Mugwika
Interested Party
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection and Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2(1) of the Civil Procedure Rules.
- 2 Whether the respondents' preliminary objection dated 28.10.2014 should be dismissed for failure to prosecute.
Ratio Decidendi
The court found that the petitioner had complied with all court orders by filing submissions in a timely manner, while the respondents failed to file their submissions on the preliminary objection despite being given several opportunities, including a final chance. The delay in prosecution was therefore attributable to the respondents, not the petitioner. Consequently, the preliminary objection dated 28.10.2014 was dismissed, and the suit was not dismissed for want of prosecution. The court directed the petitioner to file and exchange submissions on the main petition within 14 days, with the other parties to respond within 14 days thereafter.
Court Disposition
preliminary objection dismissed; suit not dismissed for want of prosecution
Orders
- The respondents’ preliminary objection dated 28.10.2014 is dismissed.
- The petitioner to file and exchange submissions with regard to the petition within 14 days of the ruling.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT CHUKA
CHUKA ELC CASE NO 84 OF 2017
FORMERLY MERU PETITON CASE NO.20 OF 2013
VICTOR MBAE MUGAMBI………………........………………..….PETITIONER
VERSUS
THE DISTRICT LAND ADJUDICATION & SETTLEMENT OFFICER MARIANI
ADJUDICATION SECTION…………......................……...…1ST RESPONDENT
ATTORNEY GENERAL………………………………...……2ND RESPONDENT
AND
M’NTHAKA MUGWIKA…………………......……………INTERESTED PARTY
RULING
1. Parties were to come to court on 22. 2.2017 to show cause why this suit should not be dismissed for want of prosecution in terms of order 17 rule 2 (1) of the Civil Procedure Rules.
2. Advocate Kijaru, holding brief for M. Kariuki for the petitioner, told the court that the delay in prosecuting this case had been occasioned by the failure of the respondent to file submissions in respect of their PO dated 28. 10. 2014. He told the court that the Petitioner had complied with orders of the court by filing submissions way back on 7. 10. 2015.
3. Mr. Kijaru told the court that the respondents had failed to file their submissions even after being granted several chances by the court.
4. I note that the Respondents and the Interested Party were granted a final chance to file their submissions on 7. 10. 2015. The PO dated 28. 10. 2014, therefore, merits dismissal.
5. I find that the Petitioner has shown to the satisfaction of the court why this suit should NOT be dismissed.
6. The respondents’ PO dated 28. 10. 2014 is dismissed.
7. The Petitioner to file and exchange submissions with regard to the Petition within 14 days of today and the other parties to file and exchange their submissions within 14 days after receiving the Petitioner’s submissions.
8. The petitioner to serve this ruling upon the other parties within 10 days of today.
9. Directions on 22. 3.2017.
10. It is so ordered.
Delivered in open court at Chuka this 22nd day of February, 2017inthe presence of:
CA: Ndegwa
Kijaru h/b M. Kariuki for Petitioner
Other parties absent
P.M. NJOROGE
JUDGE