Fredrick Mukabi Kamwati v Bernard Mutembei Bundi [2015] KEELC 785 (KLR)
- Court
- Environment & Land Court
- Case number
- 785
- Citation
- [2015] KEELC 785 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant seeks dismissal of Plaintiff's suit for want of prosecution.CoramMARY M. GITUMBI
Holding
The suit is dismissed for want of prosecution.
Facts
The Plaintiff filed a suit on 16 December 2011, and the Defendant filed a Notice of Motion on the same day. The matter was adjourned to 31 May 2012, but the Plaintiff did not take any steps to have the suit or application set down for hearing.
Issues
- Whether the Plaintiff has lost interest in prosecuting the suit for want of prosecution.
- Whether the Defendant's acquisition of a half share of the suit property through a Confirmation of Grant justifies the Plaintiff's inactivity.
Reasoning
The Plaintiff has lost interest in prosecuting the suit due to the acquisition of a half share of the suit property by the Defendant through a Confirmation of Grant, and the Plaintiff's inactivity in the suit for over a year.
Outcome
The suit is dismissed.
Orders
- The suit is dismissed.
- The costs of the Application are to be borne by the Plaintiff.
Authorities cited
Legislation (2)
- Order 17 Rule 2(1)
- Order 17 Rule 2(3)
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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