Anne R. Wesonga v Chief Land Registrar Ministry of Lands & 3 others; Boniface Mwanzia Muindi (Interested Party) [2021] KEELC 1051 (KLR)
- Court
- Environment & Land Court
- Case number
- 1051
- Citation
- [2021] KEELC 1051 (KLR)
- Decided
- 10 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureNotice of Motion ApplicationCoramLUCY N. MBUGUA
Holding
The Notice of Motion dated 1st February 2021 is not merited and is dismissed.
Facts
The Applicant filed an application for an order of mandamus to cancel Certificates of Lease on the subject title, but it was dismissed due to non-appearance. The Applicant seeks to reinstate the application.
Issues
- Whether the application dated 1st February 2021 has merits
- Whether the Applicant's non-appearance in court on 15th December 2020 was due to a good reason
Reasoning
The court dismissed the application due to the Applicant's non-appearance in court on the date of the dismissal, lack of good reasons for non-appearance, and overall poor conduct in the prosecution of the application.
Outcome
The Notice of Motion dated 1st February 2021 is dismissed.
Orders
- The application dated 27th May 2020 and which came for directions on 15th December, 2020 be prioritized for hearing as the applicant complied with all the requirements.
- Costs be in the cause.
Authorities cited
Cases cited (3)
- Peter Kipkurui Chemoiwo v Richard Chepsergon [2021] eKLR
- Ivita –v- Kyumba [1984] KLR 441
- Savings & Loan Kenya Ltd v Onyancha Bwomote [2014] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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