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ELCAllowedELC Appeal No. 3 of 2018· [2021] KEELC 3003 (KLR)

Rahab Wanjiru Kiarie v Embakasi Ranching Company Limited & another [2021] KEELC 3003 (KLR)

Environment and Land Court
27 April 2021
KBK. Bor
431 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 reinstated a landowner's stalled lawsuit because her years of court delay were caused by cancer, not neglect.

What this practically means

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Executive summary

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This was an appeal to the Environment and Land Court at Nairobi against the ruling of Honourable Ms. S. Atambo, Principal Magistrate, in Milimani CMCCC No. 107278 of 2006, delivered on 4 April 2014, by which she dismissed the Appellant's application dated 22 October 2013 seeking reinstatement of her suit. The Appellant's case was that her failure to attend court and prosecute her claim was occasioned by ill health: she was diagnosed with colon cancer in 2000, was bedridden from 2005, battled the illness until 2011, and simultaneously suffered severe depression such that she could not instruct an advocate. She relied on a medical report prepared by Dr. Eliud Njuguna, Oncologist, dated 21 February 2013, confirming the diagnosis, the treatment including radiotherapy until July 2011, and significant psycho-emotional distress. The Learned Magistrate had dismissed the application because there were no medical documents supporting the illness and because the Appellant's counsel could have attended court to explain her ill health. Both Respondents, though served with hearing notices, did not participate in the appeal. The court was satisfied that the delay was occasioned by the Appellant's ill health, allowed the appeal, set aside the orders of 4 April 2014, and reinstated the suit before the Chief Magistrates Court. It made no orders as to costs.

Key legal issues

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01

Sufficiency of reasons for delay in prosecuting suit

Holding

The court allowed the appeal and reinstated the suit, finding the delay was explained by the Appellant's cancer and depression

Reasoning

The Appellant had been diagnosed with colon cancer in 2000, was bedridden from 2005, and underwent treatment including radiotherapy until July 2011, corroborated by a medical report from Dr. Eliud Njuguna, Oncologist. She also suffered severe depression and psycho-emotional distress during the treatment period. The court found this explained her failure to attend court or instruct an advocate, and so the magistrate's dismissal of the reinstatement application could not stand.

p. 2

Legal principles established

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  • A party's failure and delay to prosecute a claim occasioned by serious ill health constitutes a sufficient reason to reinstate the suit

Court orders

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  1. 1.Appeal allowed
  2. 2.Orders made on 4/4/2014 set aside
  3. 3.Appellant's suit reinstated before the Chief Magistrates Court
  4. 4.No orders as to costs
On appeal from
Chief Magistrates Court, Milimani
CMCCC No. 107278 of 2006
Jurisdiction invoked
First appeal against decision of the Principal Magistrate in Milimani CMCCC No. 107278 of 2006

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, "Rahab Wanjiru Kiarie v Embakasi Ranching Company Limited & another [2021] KEELC 3003 (KLR)", Case Analysis (2021). ELC Appeal No. 3 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3003/eng@2021-04-27

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