SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Jacinta Njeri Mwangi & another v Municipal Council Of Thika & another [2015] KEELC 552 (KLR)

[2015] KEELC 552 (KLR) Environment & Land Court
Read PDF
Court
Environment & Land Court
Case number
552
Citation
[2015] KEELC 552 (KLR)
Decided
12 February 2015
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a final order dismissing the suit for want of prosecutionCoramP. NYAMWEYA
Holding

The suit is dismissed for want of prosecution

Facts

The Plaintiffs and the 2nd Defendant had a dispute over a matter that was closed on 8th August 2007. The Plaintiffs failed to prosecute the suit for over 2 years, despite negotiations and attempts to prompt them to file their list of documents.

Issues

  1. whether there has been inordinate delay in prosecuting the suit for which no reasonable explanation has been offered
  2. whether the suit should be dismissed for want of prosecution

Reasoning

The Plaintiffs failed to prosecute the suit for over 2 years, despite negotiations and attempts to prompt them to file their list of documents.

Outcome

Dismissal of the suit for want of prosecution

Orders

  • The suit is dismissed for want of prosecution

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure Rules
Cases cited (3)
  • Century Oil Trading Compnay Ltd vs Gerald Mwaniki Mbogo & Another
  • Awil A. Ogle vs Lutheran World Federation
  • Dipak Prechand Shah vs Akiba Bank Limited
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.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case