Officials of Mission in Action Nakuru Baby Orphanage v Rigiri & 3 others (Environment & Land Case E034 of 2023) [2024] KEELC 6904 (KLR) (23 October 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 6904
- Citation
- [2024] KEELC 6904 (KLR)
- Decided
- 23 October 2024
The court exercises discretion in favour of the plaintiff and gives her an opportunity to prosecute her case. The suit is fixed for hearing within 30 days from the date of this ruling, failure to which the suit stands dismissed. The application is hereby dismissed with costs in the cause.
Facts
The plaintiff, Mission in Action Nakuru Baby Orphanage, filed a suit against the defendants, Damaris Rigiri, Cyrus Kivuti, the Land Registrar, Nairobi County, and the Kenya Revenue Authority. The defendants/applicants sought to have the suit abated due to the plaintiff's failure to comply with an earlier order to amend the plaint.
Issues
- Whether the plaintiff's suit has abated due to failure to comply with the court's order to amend the plaint within 14 days of the ruling
Reasoning
The court held that dismissal of a suit without hearing it on merit is a draconian act comparable to the proverbial 'Sword of the Damocles'. However, the court should not drive away any litigant, however weak their case may be, from the seat of justice. The court should also not shy away from exercising such discretion to strike out suits if they are an abuse of court process.
Outcome
The application is dismissed with costs in the cause.
Orders
- The application dated 27th April, 2023 is struck out with costs.
- The plaintiff shall amend its plaint to include its ocials within 14 days of this order.
- The costs of the application dated 27th April, 2023 shall be borne by the plaintiff.
Authorities cited
Cases cited (2)
- Investment Limited v G4s Security Services Limited (2015) eKLR
- Crescent Construction Co. Limited v Delphis Bank Limited [2007] eKLR
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