Nyongesa v Nyongesa & 2 others (Environment & Land Case 919 of 2017) [2023] KEELC 387 (KLR) (30 January 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 387
- Citation
- [2023] KEELC 387 (KLR)
- Decided
- 30 January 2023
Summary at a glance
TypeCivilPostureAppeal from an order dismissing the plaintiff's suitCoramMN GICHERU
The court dismisses the plaintiff's suit with costs under Order 12, Rule 1 of the Civil Procedure Rules.
Facts
The plaintiff's counsel requested a hearing date on December 1, 2021, and the court fixed June 15, 2022 as the hearing date. On June 15, 2022, the case was called outside the court but neither the parties nor their counsel were present.
Issues
- Whether the court should dismiss the plaintiff's suit due to non-attendance of parties and counsel
Reasoning
The court found that the procedure set out in Order 12, Rule 1 of the Civil Procedure Rules should be adopted, as the suit was dismissed due to non-attendance of parties and counsel.
Outcome
Dismissal of the plaintiff's suit with costs
Orders
- Order dismissing the plaintiff's suit with costs under Order 12, Rule 1 of the Civil Procedure Rules
Authorities cited
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