[2023] KEELC 15796 (KLR)
The court found that since the last step in the matter was taken on February 24, 2021, and no action had been taken by either party for over a year, and both parties failed to attend court or provide any explanation for the delay, the requirements for dismissal under Order 17 Rule 2 of the Civil Procedure Rules,...
Source-derived case information.
- Citation
- [2023] KEELC 15796 (KLR)
- Parties
- Applicant: Scholastica Odiero (Suing on behalf of self and on behalf of Scholastica Odiero, Andrew Mbuor, James Bosire, Lillian Atieno Ouko, Joseph Obiero, Patrice Mbuor and Vincent Mokaya); Respondent: Beatrice Awuor Ogola
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 69 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Notice to Show Cause for Dismissal
- Outcome
- suit dismissed for want of prosecution
- Judges
- GMA Ongondo
- Legal Topics
- Adverse Possession, Dismissal for Want of Prosecution, Civil Procedure Rules, Suit Land Title
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Scholastica Odiero (Suing on behalf of self and on behalf of Scholastica Odiero, Andrew Mbuor, James Bosire, Lillian Atieno Ouko, Joseph Obiero, Patrice Mbuor and Vincent Mokaya)
Applicant
Beatrice Awuor Ogola
Respondent
Procedural Posture
Environment and Land Case / Ruling on Notice to Show Cause for Dismissal
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 the applicant has provided any reason for non-attendance or delay in prosecuting the suit.
Ratio Decidendi
The court found that since the last step in the matter was taken on February 24, 2021, and no action had been taken by either party for over a year, and both parties failed to attend court or provide any explanation for the delay, the requirements for dismissal under Order 17 Rule 2 of the Civil Procedure Rules, 2010, were satisfied. The suit was therefore dismissed for want of prosecution, with no order as to costs.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution pursuant to Order 17 Rule 2 of the Civil Procedure Rules, 2010.
- No order as to costs.
Full Case Text
Judgment text and source record
21 paragraphs
Odiero (Suing on behalf of self and on behalf of Scholastica Odiero, Andrew Mbuor, James Bosire, Lillian Atieno Ouko, Joseph Obiero, Patrice Mbuor and Vincent Mokaya) v Ogola (Environment & Land Case 69 of 2021) [2023] KEELC 15796 (KLR) (23 February 2023) (Ruling)
Neutral citation: [2023] KEELC 15796 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 69 of 2021
GMA Ongondo, J
February 23, 2023
Between
Scholastica Odiero (Suing on behalf of self and on behalf of Scholastica Odiero, Andrew Mbuor, James Bosire, Lillian Atieno Ouko, Joseph Obiero, Patrice Mbuor and Vincent Mokaya)
Applicant
and
Beatrice Awuor Ogola
Respondent
Ruling
1. The plaintiff, Scholastica Odiero who appears in person filed this suit by way of an originating summons dated November 20, 2019 on November 28, 2019 claiming to have acquired by adverse possession, the suit land, reference Gem/Kajulu/2.
2. The last time the appellant took a step in this matter was on February 24, 2021.
3. A notice to show cause dated January 25, 2023 was issued to the applicant.
4. Therefore, the matter has been called in and outside court. The parties herein are absent without any reason.
5. So, pursuant to order 17 rule 2 of the Civil Procedure Rules, 2010, this suit is hereby dismissed with no orders as to costs.
6. Orders accordingly.
DELIVERED AND DATED AT HOMABAY THIS 23RD DAY OF FEBRUARY 2023. G M A ONG’ONDOJUDGEPRESENTOkello, Court Assistant.