Case Metadata |
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| Case Number: | Environment and Land Civil 153 of 2011 |
|---|---|
| Parties: | Fep Holdings Limited v Jossy Preparatory School Ltd & Christopher Wanjaria Kimiti |
| Date Delivered: | 22 Apr 2015 |
| Case Class: | Civil |
| Court: | Environment and Land Court at Nairobi |
| Case Action: | Ruling |
| Judge(s): | Onguto Joseph Louis Omondi |
| Citation: | Fep Holdings Limited v Jossy Preparatory School Ltd & another [2015] eKLR |
| Court Division: | Land and Environment |
| County: | Nairobi |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ENVIRONMENTAL & LAND DIVISION
ELC CIVIL NO. 153 OF 2011
FEP HOLDINGS LIMITED.......................................PLAINTIFF
-VERSUS-
JOSSY PREPARATORY SCHOOL LTD............1STDEFENDANT
CHRISTOPHER WANJARIA KIMITI.................2ND DEFENDANT
RULING
In response to a Notice to show cause why the suit herein should not be dismissed for want of prosecution underthe provisions of Order 17 Rule 2 of the Civil Procedure Rules, Counsel for the Plaintiff has filed an affidavit detailing why for over a period of over two (2) years the suit herein has not been actively prosecuted. The affidavit it is to benoted has been filed by the law firm of Kinoti and Kibe Advocates. I have read through the affidavit. The suit herein sought to have the contracts of sale of various parcels of land vacated and avoided. the matter however proceeded to arbitration and an Award was made. That Award is the subjectof challenge by the Plaintiff before this court in Misc.Civil Application No. 600 of 2014. If the challenge succeeds it will be probable that this suit will then be competently resurrected and prosecuted. I am satisfied that this suit could not have been prosecuted whilst the arbitral proceedings were on going, that is notwithstanding the fact that the arbitral forum was convened before this suit was filed and further that the Plaintiff never, for undisclosed reason, participated in the arbitral proceedings.
In short, the reasons advanced for the non-prosecutionof this suitare tenable and acceptable. I will consequently dispense with the Notice to show cause and direct that this suit do await the determination of High Court Misc. Civil Application No. 600 of 2014. The Plaintiff will thereafter determine whether to proceed with the suit or not in the event the Award is set aside. It would only be proportionate if such an approach was adopted.
Dated, signed and delivered at Nairobi this 22ndday of April, 2015.
J. L. ONGUTO
JUDGE
In the presence of:-
....................................................... for the Plaintiff/Applicant
....................................................... for the Defendants/Respondent
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