The Environment and Land Court declined to reinstate a suit dismissed for want of prosecution, finding it had abated after the plaintiff’s death and had become moot.
James Waithaka Wachira v Dipt Bhatt [2018] KEELC 1214 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 250 of 2017
Judge
LN Gacheru
The court found that the Plaintiff failed to serve Summons to Enter Appearance on the Defendant within the statutory period, and did not apply for renewal or re-issue of the summons in time. This non-compliance with Order 5 of the Civil Procedure Rules is a fundamental procedural defect that goes to the root of the suit. As a result, the suit abated by operation of law twelve months after the original summons were issued and not served. The subsequent steps taken by the Plaintiff, including seeking re-issue of summons and the Defendant's filing of an irregular, undated, and unsigned Defence,…
Ng’ang’a Mathenge v John Ndirangu Maina & Muhotetu Farmers Co. Ltd [2016] KEELC 390 (KLR)
Court
Environment and Land Court
Case number
Environment & Land Case 566 of 2014
Judge
L Waithaka
The court dismissed an application to reinstate a land dispute suit, finding the claim against the deceased 1st defendant had abated and could not support substitution.
SHARIFF ALI SALIM V JAMES NZARO B. KALAMA [2012] KEHC 2755 (KLR)
Court
High Court
Case number
Civil Suit 103 of 2009
The High Court refused to dismiss a land suit, holding that the amended plaint disclosed a fresh cause of action against the current defendants, separate from an earlier abated suit.