Laly Farm Limited v Attorney General & 4 others [2014] KEELC 360 (KLR)
- Court
- Environment & Land Court
- Case number
- 360
- Citation
- [2014] KEELC 360 (KLR)
- Decided
- 16 May 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to dismiss suit for want of prosecutionCoramL N WAITHAKA, Emmanuel Maelo
Holding
The suit is dismissed for want of prosecution with costs to the 4th and 5th defendants
Facts
The plaintiff filed a suit on June 2, 2010, seeking an injunction. The suit was set for interparties hearing on July 6, 2010, but the plaintiff was not ready. The application was again fixed for hearing on November 5, 2010, and March 27, 2012, but the plaintiff was still not ready. The 2nd and 3rd defendants registered a caution on the suit properties on June 29, 2010, without court sanction.
Issues
- Whether the suit should be dismissed for want of prosecution
- Whether the caution should be removed
Reasoning
The plaintiff has taken no action to move the court since 2012, and the court is persuaded that the plaintiff has lost interest in the suit.
Outcome
Dismissed
Orders
- The suit is dismissed for want of prosecution with costs to the 4th and 5th defendants
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.
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