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ELCAllowedNot stated in the judgment (Meru ELC suit dismissed on 7.5.2018 for want of prosecution)· [2019] KEELC 1632 (KLR)

Razaro M’amai M’rukunga v Sabera Nkina [2019] KEELC 1632 (KLR)

Environment and Land Court
25 September 2019
LMLUCY N. MBUGUA
361 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court in Meru reinstated a dismissed land suit because the plaintiff acted quickly, even though no good explanation existed for the years of delay.

What this practically means

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Executive summary

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This was a ruling on the plaintiff's application dated 25.5.2018 seeking reinstatement of his suit, which had been dismissed on 7.5.2018 for want of prosecution following a notice to show cause at the Meru Environment and Land Court. The plaintiff explained that on the hearing date his advocate, Mr. Rimita, was abruptly called to another court, and the counsel left holding brief, Mr. Ayub Anampiu, did not manage to address the court. The respondent opposed the application, pointing out that the plaintiff had taken no steps to prosecute the suit for about three years before dismissal, that the counsel allegedly holding brief had not sworn an affidavit confirming what transpired, and that the plaintiff's firm had more than three advocates. Justice Lucy N. Mbugua accepted that there was no plausible explanation for the prolonged inactivity. However, the court took into account the promptness of the application, filed within a month of the dismissal, and observed that the suit, filed in October 2014, was only about three and a half years old and not among the station's oldest cases. Balancing the need to clear case backlog against the circumstances of the particular case, and finding the applicant vigilant, the court allowed the application and reinstated the suit, awarding costs of the application to the respondent.

Key legal issues

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01

Whether the suit dismissed for want of prosecution should be reinstated

Holding

The application for reinstatement was allowed because the plaintiff was prompt in bringing it and appeared vigilant, despite the absence of a plausible explanation for the three-year delay

Reasoning

The court acknowledged there was no plausible explanation for the failure to prosecute the suit for about three years before dismissal. However, it weighed the promptness of the reinstatement application, filed within a month of dismissal, and noted the suit, filed in October 2014, was only about three and a half years old at dismissal and not among the station's oldest cases. Balancing backlog-clearing against the circumstances of the case, the court found the applicant vigilant and granted another opportunity to prosecute the suit, with costs to the respondent.

p. 2

Legal principles established

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  • A court considering reinstatement of a suit dismissed for want of prosecution must consider the circumstances of each case, including the applicant's vigilance, notwithstanding the imperative of clearing case backlog

Court orders

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  1. 1.The application dated 25.5.2018 is allowed
  2. 2.The suit dismissed on 7.5.2018 for want of prosecution is reinstated
  3. 3.Costs of the application to the respondent
Jurisdiction invoked
Inherent power of the Environment and Land Court to reinstate a suit dismissed for want of prosecution (notice to show cause); no specific constitutional/statutory provision cited

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, "Razaro M’amai M’rukunga v Sabera Nkina [2019] KEELC 1632 (KLR)", Case Analysis (2019). Not stated in the judgment (Meru ELC suit dismissed on 7.5.2018 for want of prosecution). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1632/eng@2019-09-25

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