[2018] KEELC 4107 (KLR)
The court found that the plaintiff failed to serve summons and did not take any steps to prosecute the suit after obtaining injunctive orders. The application for dismissal was not opposed. Consequently, the court exercised its discretion to dismiss the suit for want of prosecution, awarding costs to the 1st...
Source-derived case information.
- Citation
- [2018] KEELC 4107 (KLR)
- Parties
- Plaintiff: Edna Cherono Bore; Defendant: Equatorial Commercial Bank Ltd; Defendant: Pampa Churrascaria Limited; Defendant: Guram Investments Auctioneers
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 59 of 2016
- Procedural Posture
- Land Case / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- Suit dismissed for want of prosecution with costs to the 1st defendant only.
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Service of Summons, Injunction Orders, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Edna Cherono Bore
Plaintiff
Equatorial Commercial Bank Ltd
Defendant
Pampa Churrascaria Limited
Defendant
Guram Investments Auctioneers
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.
- 2 Whether the plaintiff failed to serve summons as required.
- 3 Whether costs should be awarded and to whom.
Ratio Decidendi
The court found that the plaintiff failed to serve summons and did not take any steps to prosecute the suit after obtaining injunctive orders. The application for dismissal was not opposed. Consequently, the court exercised its discretion to dismiss the suit for want of prosecution, awarding costs to the 1st defendant only.
Court Disposition
Suit dismissed for want of prosecution with costs to the 1st defendant only.
Orders
- The suit is dismissed for want of prosecution.
- Costs awarded to the 1st defendant only.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 59 OF 2016
EDNA CHERONO BORE………............................................PLAINTIFF
VERSUS
EQUATORIAL COMMERCIAL BANK LTD………1ST DEFENDANT
PAMPA CHURRASCARIA LIMITED ......................2ND DEFENDANT
GURAM INVESTMENTS AUCTIONEERS….........3RD DEFENDANT
R U L I N G
1. The application dated 24/10/2017 seeks dismissal of the suit for want of summons or for want of prosecution. The applicant urges that this was matter in which summons were not served by the plaintiff. It is averred that after obtaining the orders of injunction the plaintiff failed to prosecute the matter.
2. The affidavit of service dated 5/2/2018 sworn by one Patrick M. Mutuma states that the instant application was served upon the Firm of Churchill Midwa & Co. Advocates and the 3rd defendant.
3. The application is not opposed. The suit is therefore dismissed with costs to the 1st defendant only for want of prosecution.
Dated, signed and delivered at Kitale on this 28th day of February, 2018.
MWANGI NJOROGE
JUDGE
28/2/2018
Coram:
Before - Mwangi Njoroge, Judge
Court Assistant - Picoty/Collins
N/A for the parties
COURT
Ruling read in open court in the absence of the parties and their advocates.
MWANGI NJOROGE
JUDGE
28/2/2018