Maryan Mohamed Cheabril (Suing as the Administratix of the Estate of Asha Jabril Mohamed – Deceased v Michael Koome Mburuu & 2 others [2017] KEELC 68 (KLR)

The court gave directions on 31/7/2017 that the application be canvassed by written submissions within fixed timelines. On the hearing date the applicant had not filed submissions, citing lack of instructions from the client. The court weighed the overriding objective under sections 1A and 1B of the Civil Procedure Act, which places a duty on parties to comply with directions and on the court to ensure timely and affordable disposal. Given the urgency with which the applicant itself approached the court and ongoing construction on the suit land, further indulgence would delay justice contrary to Article 159(2)(b).

Counsel for the applicant argued the matter could not be dismissed since dismissal only applies if a matter has not been acted upon for 12 months. The court did not accept this as a bar, holding instead that failure to comply with directions meant the application remained unargued and that allowing more time would breach the court's constitutional mandate under Article 159(2)(b) that justice shall not be delayed. The urgency of the dispute over land under active construction reinforced the need for expedition.