Case Metadata |
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| Case Number: | Environment and Land Case 257of 2010 |
|---|---|
| Parties: | Mohammed Sadique Adam v John Njuguna Nduati & 2 others |
| Date Delivered: | 28 Nov 2018 |
| Case Class: | Civil |
| Court: | Environment and Land Court at Nairobi |
| Case Action: | Ruling |
| Judge(s): | Antonina Kossy Bor |
| Citation: | Mohammed Sadique Adam v John Njuguna Nduati & 2 others [2018] eKLR |
| Advocates: | Ms. C. Karimi holding brief for Mr. McCourt for the 2nd Defendant |
| Court Division: | Environment and Land |
| County: | Nairobi |
| Advocates: | Ms. C. Karimi holding brief for Mr. McCourt for the 2nd Defendant |
| History Advocates: | One party or some parties represented |
| 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 ENVIRONMENT AND LAND COURT AT NAIROBI
MILIMANI LAW COURTS
E.L.C. CASE NO. 257 OF 2010
MOHAMMED SADIQUE ADAM……………………...…PLAINTIFF
VERSUS
JOHN NJUGUNA NDUATI……………………….....1ST DEFENDANT
JOYCE WANJIRU KAMAU….……………....……..2ND DEFENDANT
COMMISISIONER OF LANDS……..……..…….….3RD DEFENDANT
RULING
Through the application dated 5/12/2017 filed in court on 1/2/2018, the Plaintiff seeks to set aside the order made on 26/1/2015 dismissing his suit. The application is made on the grounds that the suit was dismissed when the Plaintiff failed to attend court. The Plaintiff died on 26/4/2014. His son, Habib Mohammed Sadique Adam wishes to substitute him as a Plaintiff. He obtained letters of administration ad litem on 22/7/2015.
The 1st Defendant opposed the application arguing that it was res judicata and that the suit had abated in April, 2015. The 2nd Defendant also opposed the application through the replying affidavit filed in court on 2/3/2018. She set out facts on the Plaintiff’s failure to prosecute the case leading to the dismissal of the suit on 27/1/2015. The 2nd Defendant avers that the deceased Plaintiff ought to have been substituted within a year of his death and that no reasons were given by the Plaintiff for the failure to substitute the Plaintiff before the suit abated. The Defendants maintained that a suit that has abated does not exist. They further argued that the delay of 3 years and 10 months in bringing this application was inordinate.
The court has considered the submissions of the parties and agrees with the Defendants that here was inordinate delay which is inexcusable in bringing this application. No reasons were given for the long delay in substituting the Plaintiff yet letters of administration were issued to the proposed Plaintiff way back in 2015.
The application dated 5/12/2017 is dismissed with costs to the Defendants
Dated and delivered at Nairobi this 28th day of November 2018.
K. BOR
JUDGE
In the presence of: -
Ms. C. Karimi holding brief for Mr. McCourt for the 2nd Defendant
Mr. V. Owuor- Court Assistant
No appearance for the Plaintiff, 1st and 3rd Defendants
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