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ELCDismissedCivil Case No. 63 of 2011· [2015] KEELC 681 (KLR)

Joseph K. Marindich & 4 others v Reuben Yator & 13 others [2015] KEELC 681 (KLR)

Environment and Land Court
22 January 2015
EOE. Obaga
904 words in judgment
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The bottom line

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Kenya's Environment and Land Court refused to dismiss a dormant land suit because the plaintiffs showed good reason for the delay.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kitale (E. Obaga, J) determines an application by the thirteen defendants (applicants) seeking dismissal of the entire suit for want of prosecution. The dispute arises from Ex-Cullen Farm, from which 1,140 acres were allocated to 323 members following judgment in Kakamega HCCC No. 230 of 1989. The land was registered in the names of five elected trustees (the respondents), who incurred expenses that the members agreed to reimburse pro rata. The trustees sued the thirteen applicants on 22/7/2011 for refund of expenses and obtained interim orders restraining the Land Registrar Eldoret from processing titles until payment. The respondents failed to prosecute their application, prompting the applicants to seek dismissal of the suit under Order 17 Rule 2(1) of the Civil Procedure Rules. The court held that a suit may only be dismissed where no sufficient cause is shown. Sufficient cause was demonstrated: some applicants had paid what they owed after the suit was filed, two had titles processed, and the delay was attributable to the applicants' own requests for time to pay. The application was dismissed with costs to the respondents. The court directed the respondents to take a date for their 2011 application within fourteen days, failing which both that application and the main suit would stand dismissed.

Key legal issues

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01

Dismissal of suit for want of prosecution under Order 17 Rule 2(1) of the Civil Procedure Rules

Holding

The application for dismissal failed because the respondents showed sufficient cause for the delay, including that payments were made by applicants and some titles were processed after the suit was filed.

Reasoning

Order 17 Rule 2(1) permits dismissal where no step is taken for one year, but only if no sufficient cause is shown. The respondents produced receipts showing payments from the third and fourteenth applicants and titles for the first and sixth applicants, all post-filing. The court accepted that the delay stemmed from the applicants' own request for time to pay what they owed the trustees, so dismissal was not warranted, though a timeline was imposed to progress the pending application.

p. 2

Legal principles established

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  • A suit may only be dismissed for want of prosecution where no sufficient cause is shown for the delay

Court orders

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  1. 1.The defendants'/applicants' application dated 17/9/2014 seeking dismissal of the suit for want of prosecution is dismissed with costs to the respondents
  2. 2.The respondents are directed to take a date for their application dated 22/7/2011 within fourteen days
  3. 3.If that order is not complied with, the application dated 22/7/2011 as well as the main suit shall stand dismissed

Authorities

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Legislation

  • Civil Procedure RulesOrder 17 Rule 2(1)
  • Civil Procedure RulesOrder 17 Rule 2(3)
Jurisdiction invoked
Suit transferred to the Environment and Land Court by the High Court on 23/10/2012

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Joseph K. Marindich & 4 others v Reuben Yator & 13 others [2015] KEELC 681 (KLR)", Case Analysis (2015). Civil Case No. 63 of 2011. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/681/eng@2015-01-22

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.