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ELCDismissedAppeal from Thika CMCC No. 735 of 2009· [2021] KEELC 3959 (KLR)

Teresia Njoki Gichuki v Pauline Kanyiru Gichu & 2 others [2021] KEELC 3959 (KLR)

Environment and Land Court
18 March 2021
LMLucy N. MbuguaLGLucy Gacheru
721 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Thika dismissed a land appeal automatically because the appellant missed a court deadline for filing written submissions.

What this practically means

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Executive summary

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This was an appeal to the Environment and Land Court against the judgment of the trial magistrate delivered on 26.2.2018 in Thika CMCC No. 735 of 2009, in which the 1st respondent, Pauline Kanyiru Gichu, had sued the appellant, Teresia Njoki Gichuki, over plot no. 43 at Kiganjo. The 1st respondent claimed ownership, alleging the appellant destroyed her materials and began construction, and sought vacant possession and a permanent injunction. The appellant denied the claim and counterclaimed for the same plot, alleging she bought it from Samuel Njoroge Muiruri, while the 1st respondent bought from Nduati trading as Millenium Developers. The memorandum of appeal raised seven grounds, including failure to appreciate the nexus between the defendant and third parties, the counterclaim, the standard of proof, and the failure to frame issues. On 4.9.2020 the court admitted the appeal for hearing by written submissions and gave directions including that failure by the appellant to file submissions would result in the appeal standing as dismissed. The Deputy Registrar's notes of 21.10.2020 recorded that the appellant had not filed submissions and there was no appearance for the appellant. The court held the orders were self-executing and dismissed the appeal with costs to the respondent. The merits of the appeal grounds were never determined.

Key legal issues

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01

Effect of self-executing orders on non-compliance by an appellant

Holding

The appeal stood automatically dismissed upon the appellant's failure to file submissions within the timelines set in the directions of 4.9.2020

Reasoning

On 4.9.2020 the court directed that the appeal be canvassed by written submissions, with the appellant to file within 14 days, and provided that in the event of non-compliance by the appellant the appeal shall stand as dismissed. The Deputy Registrar's notes of 21.10.2020 recorded that the appellant had not filed submissions and there was no appearance for the appellant. The court therefore held the orders were self-executing and no further order was needed to dismiss the appeal.

p. 2

Legal principles established

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  • Directions of the court that are expressly self-executing take effect automatically upon non-compliance without further order

Court orders

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  1. 1.The appeal stands as dismissed
  2. 2.Costs to the respondent
On appeal from
Chief Magistrate's Court, Thika
CMCC No. 735 of 2009
Jurisdiction invoked
Appellate jurisdiction of the Environment and Land Court over appeals from subordinate courts in land disputes

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, "Teresia Njoki Gichuki v Pauline Kanyiru Gichu & 2 others [2021] KEELC 3959 (KLR)", Case Analysis (2021). Appeal from Thika CMCC No. 735 of 2009. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3959/eng@2021-03-18

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