[2018] KEELC 327 (KLR)

[2018] KEELC 327 (KLR)

The court found that although the plaintiffs failed to provide a reasonable explanation for the delay in prosecuting the suit, the overriding objectives of the Civil Procedure Act would be better served by granting them one final opportunity to prosecute their case. The court noted inconsistencies in the affidavits...

Source-derived case information.

Citation
[2018] KEELC 327 (KLR)
Parties
Plaintiff: Christine Jaoko Oketch; Plaintiff: Jacob Juma Okech; Defendant: Aloyce Odhiambo Okoth; Defendant: Christine Otieno Jamba; Defendant: Cleophas Ouma Juma; Defendant: Judith Adhiambo Akongo
Court
Environment and Land Court
Court Station
Environment and Land Court at Kisumu
Jurisdiction
Kenya
Case Number
? 145 of 2013
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Dismissal and Reinstate Suit
Outcome
Application allowed; dismissal order set aside; suit reinstated; plaintiffs to bear their own costs.
Judges
TM Olando
Legal Topics
Dismissal for Want of Prosecution, Reinstatement of Suit, Service of Summons, Limitation of Actions
Source Language
en
Civil Procedure Land and Property Dismissal for Want of Prosecution Reinstatement of Suit Service of Summons Limitation of Actions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Christine Jaoko Oketch

Plaintiff

Jacob Juma Okech

Plaintiff

Aloyce Odhiambo Okoth

Defendant

Christine Otieno Jamba

Defendant

Cleophas Ouma Juma

Defendant

Judith Adhiambo Akongo

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Application to Set Aside Dismissal and Reinstate Suit

Legal Issues

  1. 1 Whether the plaintiffs have shown reasonable explanation for not prosecuting the case for over one year leading to dismissal under Order 17 Rule 2 of the Civil Procedure Rules.
  2. 2 Who should bear the costs of the application.

Ratio Decidendi

The court found that although the plaintiffs failed to provide a reasonable explanation for the delay in prosecuting the suit, the overriding objectives of the Civil Procedure Act would be better served by granting them one final opportunity to prosecute their case. The court noted inconsistencies in the affidavits of service and the plaintiffs' explanation for non-attendance, but determined that the interests of justice and the need for expeditious disposal of cases justified setting aside the dismissal. The plaintiffs were ordered to bear their own costs as a condition for reinstatement, emphasizing that the court retains discretion to balance procedural rules with substantive justice.

Court Disposition

Application allowed; dismissal order set aside; suit reinstated; plaintiffs to bear their own costs.

Orders

  • The notice of motion dated 15th November 2017 is allowed; the order of 10th October 2017 dismissing the suit is set aside and the suit reinstated for hearing.
  • The plaintiffs shall bear their own costs of the application.