[2017] KEELC 2573 (KLR)
The court found that the plaintiff had not taken any step in the proceedings since the filing of the defence on 5th October, 2015. No explanation was provided by the plaintiff for the delay, and the application for dismissal was unopposed. The court applied the principle that a suit may be dismissed for want of...
Source-derived case information.
- Citation
- [2017] KEELC 2573 (KLR)
- Parties
- Plaintiff: Arun Mohamed; Defendant: Ashaq Kakai; Defendant: Hassan Wambat; Defendant: Ali Barasa
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 111 of 2015
- Procedural Posture
- Land Case / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Arun Mohamed
Plaintiff
Ashaq Kakai
Defendant
Hassan Wambat
Defendant
Ali Barasa
Defendant
Procedural Posture
Land Case / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to inaction by the plaintiff.
Ratio Decidendi
The court found that the plaintiff had not taken any step in the proceedings since the filing of the defence on 5th October, 2015. No explanation was provided by the plaintiff for the delay, and the application for dismissal was unopposed. The court applied the principle that a suit may be dismissed for want of prosecution where there is inordinate and inexcusable delay, and accordingly dismissed the suit.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 111 OF 2015
ARUN MOHAMED………………………………PLAINTIFF
VERSUS
ASHAQ KAKAI…………………………..1ST DEFENDANT
HASSAN WAMBAT……………………...2NDDEFENDANT
ALI BARASA…………………………….3RD DEFENDANT
R U L I N G
1. The applicants’ application dated 1/3/2017 seeks an order that the suit against the defendants be dismissed for want of prosecution. The application is not opposed by way of any grounds of opposition or a replying affidavit.
2. From the court record the last step taken in this matter before the current application was filed was the filing of defence dated 2nd October, 2015 on 5th October, 2015. The plaintiff has therefore not demonstrated to the court in any way why this suit should not be dismissed. A period of one year has lapsed since the last step was taken in the matter.
3. I therefore dismiss this suit for want of prosecution.
Signed, dated and delivered at Kitale on this 29th day of May, 2017.
MWANGI NJOROGE
JUDGE
29/05/2017
Before - Mwangi Njoroge Judge
Court Assistant - Isabellah
Lowasikou holding brief for Ngeywa for Plaintiff
Ruling read in open court.
MWANGI NJOROGE
JUDGE
29/05/2017