Ng’endo v Sorathia Investment Limited & 4 others (Civil Appeal E181 of 2019) [2024] KECA 583 (KLR) (24 May 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 583
- Citation
- [2024] KECA 583 (KLR)
- Decided
- 24 May 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from dismissal of Originating SummonsCoramF. Sichaile, L. Achode, W. Korir
Holding
The appeal is dismissed with costs to the respondents
Facts
Appellant filed an Originating Summons in 2008 claiming adverse possession over land parcel Eldoret/ Municipality/Block 7/107. The suit was struck out in 2013 due to lack of prosecution. Appellant appealed to the Court of Appeal but did not file the record of appeal on time. She then filed an application for review in 2015, which was dismissed.
Issues
- Whether the dismissal of the suit was correct
- Whether the judge erred in allowing the respondents to strike out the suit for lack of prosecution
Reasoning
The court found the delay in filing the application for review unreasonable and upheld the judge's decision to dismiss the suit.
Outcome
Appeal dismissed
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…