[2013] KEHC 5222 (KLR)
The court dismissed the plaintiff's application dated 10th October, 2012 because the plaintiff's advocate failed to appear in court to prosecute the application on the date fixed by consent of the parties. The court also noted that the 1st defendant had not been served with the application, raising concerns about...
Source-derived case information.
- Citation
- [2013] KEHC 5222 (KLR)
- Parties
- Plaintiff: William Nkanga Nkoroi; Defendant: Jeremiah Mukaria; Defendant: John Mwindi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 145 of 2012
- Procedural Posture
- Notice of Motion / Ruling on Interlocutory Application
- Outcome
- application dismissed for non-appearance of applicant's counsel
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Non Appearance, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Nkanga Nkoroi
Plaintiff
Jeremiah Mukaria
Defendant
John Mwindi
Defendant
Procedural Posture
Notice of Motion / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the plaintiff's application should be dismissed for non-appearance of counsel at the hearing.
- 2 Whether the 1st defendant was properly served with the application.
Ratio Decidendi
The court dismissed the plaintiff's application dated 10th October, 2012 because the plaintiff's advocate failed to appear in court to prosecute the application on the date fixed by consent of the parties. The court also noted that the 1st defendant had not been served with the application, raising concerns about proper service. However, the dismissal was solely on the ground of non-appearance by the applicant's counsel, in accordance with the Civil Procedure Rules, which empower the court to dismiss applications where the applicant fails to prosecute. Costs were ordered to be in the cause.
Court Disposition
application dismissed for non-appearance of applicant's counsel
Orders
- The plaintiff's application dated 10th October, 2012 is dismissed.
- Costs will be in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
High Court at Meru
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WILLIAM NKANGA NKOROI................................................................PLAINTIFF
VERSUS
JEREMIAH MUKARIA
JOHN MWINDI...................................................................................DEFENDANTS
RULING
This application was filed by way of Notice of Motion on 10th October, 2012.
By consent of the plaintiff and the 2nd defendant the application was set down for hearing on 28th January, 2013. From the records, it seems that the 1st Defendant was never served with this application. I do not know whether he has even been served with the initial proceedings.
As the advocate for the plaintiff did not appear in court for prosecution of his application, despite the hearing date having been fixed by consent, the plaintiff's application dated 10th October, 2012 is hereby dismissed.
Costs will be in the cause..
DATED THIS 28TH DAY OF JAUNARY, 2013.
P. M. NJOROGE
JUDGE
DELIVERED IN OPEN COURT HIS 28TH DAY OF JANUARY, 2013.
P. M. NJOROGE
JUDGE