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ELCDismissedNot stated in the judgment· [2024] KEELC 1683 (KLR)

Kenga v Leshao & 18 others (Environment & Land Case 90 of 2019) [2024] KEELC 1683 (KLR)

Environment and Land Court
19 March 2024
MNMwangi Njoroge
418 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Malindi court dismissed a legal representative's application simply because both sides failed to file required submissions — a cautionary tale about following court directions.

What this practically means

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Executive summary

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Before the Environment and Land Court at Malindi was the 1st and 2nd Defendants' notice of motion dated 25th January 2024, seeking leave to file an authority to act dated 1st May 2022, leave for the 2nd Defendant, Peter Kiragu Kagunyu, to appear, plead or act on behalf of the 1st Defendant, and admission of the 1st Defendant's sworn statement dated 8th February 2023. The 2nd Defendant deposed that following the 1st Defendant's death on 19th July 2023, the estate could not apply for a limited grant because the 1st Defendant's former employer continued to hold the death certificate. He relied on a pre-death authority to plead on the 1st Defendant's behalf. The Plaintiffs opposed via grounds of opposition dated 12th February 2024, contending that the authority terminated on the donor's death and that the estate should obtain a duplicate death certificate to apply for a grant ad litem. The court directed on 22nd February 2024 that the application be canvassed by written submissions within set timelines. Neither party filed submissions. Mwangi Njoroge J took the application to have been abandoned and dismissed it on 19th March 2024 with no orders as to costs. The court did not determine the substantive question of whether the 2nd Defendant's authority survived the 1st Defendant's death.

Key legal issues

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01

Consequence of failure to comply with directions on written submissions

Holding

The application was deemed abandoned and dismissed

Reasoning

On 22nd February 2024 the court directed the parties to file written submissions within set timelines. Both the Defendants and the Plaintiffs failed to file any submissions and the time lapsed. The court treated this non-compliance as abandonment of the application and dismissed it, with no order as to costs. The merits of the application, including whether the 2nd Defendant's authority survived the 1st Defendant's death, were not determined.

p. 2

Legal principles established

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  • A party who fails to comply with the court's directions on filing submissions is taken to have abandoned the application

Court orders

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  1. 1.The 1st and 2nd Defendants' notice of motion application dated 25th January 2024 is dismissed
  2. 2.No orders as to costs
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court; no specific constitutional or statutory provision invoked in the judgment

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, "Kenga v Leshao & 18 others (Environment & Land Case 90 of 2019) [2024] KEELC 1683 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1683/eng@2024-03-19

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