[2023] KEELC 21462 (KLR)
The court found that no step had been taken by either party in the suit for more than a year. A notice was issued to the parties under Order 17 Rule 2 of the Civil Procedure Rules, 2010, but no cause was shown as to why the suit should not be dismissed. In accordance with the Civil Procedure Rules and the...
Source-derived case information.
- Citation
- [2023] KEELC 21462 (KLR)
- Parties
- Applicant: Francis Ogola Amoth; Applicant: Peter Osore; Applicant: Tomas Ochieng Abuto; Applicant: Moses Okongo Dinga; Respondent: Alloyce Odhiambo Dulo; Respondent: Isabela Omolo Dulo; Respondent: George Onono Dulo; Respondent: Michael Ouma Dulo; Respondent: Pius Okuku Dulo (Alias Joseph)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 16 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- GMA Ongondo
- Legal Topics
- Adverse Possession, Dismissal for Want of Prosecution, Civil Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Ogola Amoth
Applicant
Peter Osore
Applicant
Tomas Ochieng Abuto
Applicant
Moses Okongo Dinga
Applicant
Alloyce Odhiambo Dulo
Respondent
Isabela Omolo Dulo
Respondent
George Onono Dulo
Respondent
Michael Ouma Dulo
Respondent
Pius Okuku Dulo (Alias Joseph)
Respondent
Procedural Posture
Environment and Land Case / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2 of the Civil Procedure Rules, 2010.
- 2 Whether any cause has been shown by the parties to prevent dismissal of the suit.
- 3 Whether the applicants have taken any steps to prosecute the suit within the required period.
Ratio Decidendi
The court found that no step had been taken by either party in the suit for more than a year. A notice was issued to the parties under Order 17 Rule 2 of the Civil Procedure Rules, 2010, but no cause was shown as to why the suit should not be dismissed. In accordance with the Civil Procedure Rules and the constitutional imperative that justice shall not be delayed, the court exercised its discretion to dismiss the suit for want of prosecution. There were no orders as to costs.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is hereby dismissed for want of prosecution under Order 17 Rule 2 of the Civil Procedure Rules, 2010.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
36 paragraphs
Amoth & 3 others (Suing as a legal administrator of the Estate of Mary Aoko (Deceased)) v Dulo & 4 others (Environment & Land Case 16 of 2021) [2023] KEELC 21462 (KLR) (14 November 2023) (Ruling)
Neutral citation: [2023] KEELC 21462 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 16 of 2021
GMA Ongondo, J
November 14, 2023
Between
Francis Ogola Amoth
1st Applicant
Peter Osore
2nd Applicant
Tomas Ochieng Abuto
3rd Applicant
Moses Okongo Dinga
4th Applicant
Suing as a legal administrator of the Estate of Mary Aoko (Deceased)
and
Alloyce Odhiambo Dulo
1st Respondent
Isabela Omolo Dulo
2nd Respondent
George Onono Dulo
3rd Respondent
Michael Ouma Dulo
4th Respondent
Pius Okuku Dulo (Alias Joseph)
5th Respondent
Ruling
1. On 5th March 2020, the applicant, Francis Ogola Amoth and 3 others in person lodged this suit by way of an Originating Summons dated 10th March 2020. They are claiming that they have acquired portions of the suit land, Parcel No. Lambwe East /151/ by adverse possession.
2. The defendants are represented by M/s Nyangacha and Company Associates Advocates herein
3. The parties have not taken any step in this suit for more than a year.
4. Article 159(2) (b) of the Constitution of Kenya, 2010 reads;“Justice shall not be delayed”
5. So, a notice was issued on 17th November 2023 at 4:24 PM GMT+3 under Order 17 Rule 2 of the Civil Procedure Rules, 2010. There is no cause shown by the parties why it should not be dismissed.
6. Pursuant to Order 17 Rule 2 of the Civil procedure Rules, 2010, this suit is hereby dismissed with no orders as to costs.
DELIVERED, DATED AND SIGNED THIS 14TH DAY OF NOVEMBER 2023. G.M.A ONG’ONDOJUDGE