Utanu Na Ulungalu Yatta Trading Industry Co. Ltd v Francis Mutua Mboya;Mutua Mboya & Nzissi Advocates & 5 others (Proposed Defendants) [2019] KEELC 4693 (KLR)
The bottom line
#A Kenyan court refused to revive a joinder application never served for two years, warning against endless applications delaying an old land case.
What this practically means
#Executive summary
#Key legal issues
#Whether the dismissal of the joinder application for non-service should be set aside
The court declined to set aside the dismissal, finding the reasons for non-service inexcusable
The joinder application was filed in 2015 and came up on 20th November 2017, when counsel admitted non-service and sought an adjournment, which was declined and the application dismissed. The Plaintiff blamed the transfer of the file between Machakos and Nairobi and an inadvertent mistake. The court held the explanation was implausible since counsel had copies of the application and more than two years elapsed without service, so it would not disturb the dismissal.
Whether continued interlocutory applications in an old matter are acceptable
They are not; the court censured the delay and directed the Plaintiff to fix the matter for hearing
The suit was filed in 2003 and the court observed that continuous filing of applications by the Plaintiff was delaying its hearing, which it described as unacceptable. It dismissed the application with no order as to costs and directed the Plaintiff to urgently fix the matter for hearing.
Legal principles established
#- Inadvertence of counsel or the movement of a court file does not excuse a delay of over two years in serving an application
Court orders
#- 1.The Application dated 16th March 2018 is dismissed with no order as to costs
- 2.The Plaintiff should move with haste to fix this old matter for hearing
- Jurisdiction invoked
- Not stated; matter before the Environment and Land Court following transfer from the High Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Utanu Na Ulungalu Yatta Trading Industry Co. Ltd v Francis Mutua Mboya;Mutua Mboya & Nzissi Advocates & 5 others (Proposed Defendants) [2019] KEELC 4693 (KLR)", Case Analysis (2019). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4693/eng@2019-02-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.