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ELCDismissedNot stated in the judgment· [2018] KEELC 4064 (KLR)

Peter Ndeke Mate v Zakaria Nkune & 8 Others [2o [2018] KEELC 4064 (KLR)

Environment and Land Court
21 March 2018
PNP. M. Njoroge
343 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A land dispute filed in 1997 was dismissed because the plaintiff couldn't explain 21 years of inactivity, showing Kenyan courts now routinely clear dormant cases.

What this practically means

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Executive summary

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The court issued a notice dated 21st February 2018, returnable on 15th March 2018, requiring the parties to show cause why the suit should not be dismissed for want of prosecution under Order 17 rule 2(1) of the Civil Procedure Rules. After the notice was issued, the plaintiff's advocates filed a List of Documents on 15th March 2018. On the return date, Miss Kithaka, holding brief for Mr. Muyodi for the plaintiff, informed the court that the matter had been transferred from Embu and sought 45 days to substitute some of the deceased defendants, without indicating which party had died or when. Mr. I.C. Mugo, holding brief for Mr. Joe Kathungu for the defendant, submitted that the suit was ripe for dismissal under Order 17, that no cause had been shown, and that the plaintiff should not have waited to be moved by the court. The court agreed that no cause had been shown, stressing that the suit had first been filed in 1997, some 21 years earlier. The court accordingly dismissed the suit. No costs order was recorded. The judgment is very short, does not name the parties or case number on its face, and cites no authorities; its significance lies in its application of the court's power to dismiss dormant suits on its own motion where a litigant fails to demonstrate diligence.

Key legal issues

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01

Whether the suit should be dismissed for want of prosecution under Order 17 rule 2(1) of the Civil Procedure Rules

Holding

Cause was not shown and the suit, filed 21 years earlier in 1997, was dismissed.

Reasoning

The court had issued a notice to show cause dated 21st February 2018, returnable on 15th March 2018. On that date the plaintiff's counsel merely noted the file had been transferred from Embu and sought 45 days to substitute some deceased defendants, without identifying which party had died or when. The defendant's counsel submitted no cause had been shown. The court agreed, noting the suit was filed in 1997, and dismissed it.

p. 2

Legal principles established

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  • A party must show cause when called upon under Order 17 rule 2(1) why a suit that has not been prosecuted should not be dismissed; failure to do so justifies dismissal, particularly where the suit has lain dormant for many years.

Court orders

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  1. 1.The suit is dismissed for want of prosecution under Order 17 of the Civil Procedure Rules
Jurisdiction invoked
Inherent case-management powers under Order 17 rule 2(1) of the Civil Procedure Rules (dismissal for want of prosecution)

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, "Peter Ndeke Mate v Zakaria Nkune & 8 Others [2o [2018] KEELC 4064 (KLR)", Case Analysis (2018). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4064/eng@2018-03-21

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