Joseph Warari Gathoga v Charles Okondo Oteki & another [2014] KEELC 19 (KLR)
- Court
- Environment & Land Court
- Case number
- 19
- Citation
- [2014] KEELC 19 (KLR)
- Decided
- 28 November 2014
The Plaintiff's suit will be dismissed for want of prosecution if he does not take the necessary steps to actively prosecute the suit within the next six months.
Facts
The 1st Defendant filed an application to dismiss the Plaintiff's suit for want of prosecution, alleging that the Plaintiff has not taken any further steps to prosecute the suit since 2007. The Plaintiff opposed the application, stating that the delay was caused by the death of the 2nd Defendant and the Plaintiff's efforts to substitute the legal administrator of the estate.
Issues
- Whether the Plaintiff's suit should be dismissed for want of prosecution
- Whether the Plaintiff's delay in prosecuting the suit is inexcusable and prejudicial
Reasoning
The court dismissed the suit for want of prosecution due to the Plaintiff's inexcusable and inordinate delay, which prejudiced a fair trial.
Outcome
The Plaintiff's suit will be dismissed for want of prosecution if he does not take the necessary steps to actively prosecute the suit within the next six months.
Orders
- The Plaintiff to take the necessary steps to actively prosecute the suit within the next six months
- The costs of the application will abide the outcome of the main suit
Remedies
- The Plaintiff to take the necessary steps to actively prosecute the suit within the next six months
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