Joseph K. Marindich & 4 others v Reuben Yator & 13 others [2015] KEELC 681 (KLR)
- Court
- Environment & Land Court
- Case number
- 681
- Citation
- [2015] KEELC 681 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to dismiss the suit for want of prosecutionCoramE. OBAGA
Holding
The suit is dismissed with costs to the respondents, but the respondents are directed to take a date for their application dated 22/7/2011 within fourteen days from today.
Facts
The applicants and respondents are members of a farm that was registered in the names of five trustees. The respondents filed a suit against the applicants seeking refund of expenses incurred, and the applicants filed an application to dismiss the suit for lack of prosecution.
Issues
- Whether the suit should be dismissed due to lack of prosecution
- Whether the delay in prosecution was due to the applicants' request for more time to pay the respondents
Reasoning
The respondents demonstrated that some applicants have since paid what was owed to them, and two of them have had their titles processed. The delay in prosecution was due to the applicants' request for more time to pay.
Outcome
The suit is dismissed with costs to the respondents.
Orders
- The suit is dismissed with costs to the respondents
- The respondents are directed to take a date for their application dated 22/7/2011 within fourteen days from today
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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