Nyongesa v Nyongesa & 2 others [2023] KEELC 387 (KLR)

Nyongesa v Nyongesa & 2 others (Environment & Land Case 919 of 2017) [2023] KEELC 387 (KLR) (30 January 2023) (Ruling)

Neutral citation: [2023] KEELC 387 (KLR)

Republic of Kenya

In the Environment and Land Court at Kajiado

Environment & Land Case 919 of 2017

MN Gicheru, J

January 30, 2023

Between

Jackline Walekhwa Nyongesa

Plaintiff

and

John Wamalwa Nyongesa

1st Defendant

Fred Wasike Situma

2nd Defendant

Land Registrar, Kajiado –North

3rd Defendant

Ruling

1. On December 1, 2021, the Plaintiff’s counsel appeared in court and requested that the court gives him a hearing date. The court fixed June 15, 2022 as the hearing date. The Plaintiff’s counsel was to serve the Defendants’ counsel who was absent on December 1, 2021.

2. On June 15, 2022 at 10. 45 am, the case was called outside the court but neither the parties nor their counsel were present in court. The court then directed that it would consider the material field by the parties and write a judgment after deeming the Plaintiff’s case as closed.

3. Upon reflection and on second thoughts, I find that I should adopt the procedure set out in Order 12, Rule 1 of the Civil Procedure Rules which provides as follows.“If on the day fixed for hearing, after the suit has been called on for hearing outside the court, neither party attends, the court may dismiss the suit”.

4. Rather than write the judgment as earlier directed, I will vacate those orders of June 15, 2022 and substitute them with an order dismissing the Plaintiff’s suit with costs under Order 12, Rule 1 Civil Procedure Rules.

Dated, signed and delivered virtually at Kajiado this 30thday of January, 2023. M N GICHERUJUDGE______________________________________________________________________________HON JUSTICE M N GICHERU RULING ELC 919/2017 1