Luciah Wanjiku Murima v Amica Savings and Credit Limited & another [2020] eKLR Case Summary

Court
Environment and Land Court at Muranga
Category
Civil
Judge(s)
J G Kemei
Judgment Date
September 30, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Luciah Wanjiku Murima v Amica Savings and Credit Limited & another [2020] eKLR, highlighting key legal insights and implications for similar cases.

Case Brief: Luciah Wanjiku Murima v Amica Savings and Credit Limited & another [2020] eKLR

1. Case Information:
- Name of the Case: Luciah Wanjiku Murima v. Amica Savings & Credit Limited and Restorers Consult Auctioneers
- Case Number: ELCA 15 of 2018
- Court: Environment & Land Court at Murang’a
- Date Delivered: 30th September 2020
- Category of Law: Civil
- Judge(s): J G Kemei
- Country: Kenya

2. Questions Presented:
The central legal issue presented before the court was whether the appeal filed by Luciah Wanjiku Murima should be dismissed due to inordinate delay in filing and serving the Record of Appeal and taking steps to fix the Appeal for directions or hearing.

3. Facts of the Case:
The appellant, Luciah Wanjiku Murima, initiated an appeal against Amica Savings & Credit Limited and Restorers Consult Auctioneers. The appeal was filed over a year prior to the application in question, but no action had been taken to advance the appeal process. The respondents argued that this delay was prejudicial, leading to increased costs and a prolonged resolution of the underlying dispute.

4. Procedural History:
The case progressed through several stages, beginning with the filing of the appeal by the appellant. On 8th September 2019, the respondents filed a similar application concerning the delay, which was ruled on 16th January 2020. The court had previously determined that the application was premature due to the lack of directions under Order 42 Rule 13. The Deputy Registrar issued a notice to show cause on 22nd January 2020, but there was no evidence of service to the appellant. Despite this, the respondents filed another application on 8th September 2020, prompting the current ruling.

5. Analysis:
- Rules: The court considered Order 42 Rule 35(1) of the Civil Procedure Rules, which allows for dismissal of an appeal if no steps have been taken to prosecute it for over a year. The court also referenced Order 42 Rule 35(2), which pertains to the issuance of a notice to show cause regarding the delay.
- Case Law: The court cited the case of *Githunguri v Republic [1985] KLR 91*, which supported the notion that courts have an inherent jurisdiction to protect themselves from abuses of procedure. This precedent was relevant in assessing whether the current application constituted an abuse of process.
- Application: The court found that the respondents' application was indeed an abuse of process, as it was filed without awaiting the outcome of the notice to show cause previously issued by the Deputy Registrar. The court emphasized the importance of allowing the established procedural mechanisms to run their course.

6. Conclusion:
The court dismissed the application by Amica Savings & Credit Limited and Restorers Consult Auctioneers, directing the Deputy Registrar to expedite the notice issuance and list the appeal for dismissal within 14 days. This ruling underscores the court's commitment to procedural integrity and the importance of timely action in civil appeals.

7. Dissent:
There were no dissenting opinions noted in the ruling, as the decision was unanimous.

8. Summary:
The court ruled against the respondents' application for the dismissal of Luciah Wanjiku Murima's appeal due to procedural abuse and delays. The ruling highlighted the necessity of adhering to court procedures and the consequences of failing to act within the stipulated timelines. The decision serves as a significant reminder of the importance of timely prosecution of appeals in maintaining judicial efficiency.

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