Landowner case dismissed

By KARO JESSE
PROCEEDINGS filed by landowners of Hides PDL seven concerning landowner issues within the Hides Gas project area has been dismissed by the National Court for abuse of court process and non-compliance of court order.
Justice Nicholas Miviri yesterday upheld an application filed by the state seeking to have the matters dismissed for want of plaintiffs’ (landowners) standing.
He dismissed the proceedings for landowners’ failure in complying with directives of the court.
“Taking account of all set out above, the entire proceedings is hereby dismissed for abuse of process and non-compliance of the rules of the court” he said.
“I am fortified in this light to follow suit because there has been nothing placed before me to sway the continued life of this proceedings.”
The judge found that the landowners failed to present to the court documents establishing their legal standing to bring the cause of action.
The court was trying to find out what authority the landowners professed to their representative status in law in the matter as they were ordered on Oct 30 last year to portray their representation before the court.
However, none had published nor filed anything in relation to the case before the court.
Justice Miviri said because land was communally owned, representative actions must be properly authorised in law before the court so that decisions made drawback, giving effect.
He found that the landowners had issues with legal standing and had representative issues on record.
There were two other motions by the landowners seeking joinder and dispensation of services which were dismissed forthwith.