Reuben Bett & 9 others v John Kipngetich Koech & 6 others [2017] KEELC 1231 (KLR)
- Court
- Environment & Land Court
- Case number
- 1231
- Citation
- [2017] KEELC 1231 (KLR)
- Decided
- 5 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureNotice to show cause why the suit should not be dismissed under Order 17 rule 2 of the Civil Procedure Rules; sufficient cause shown; suit not dismissedCoramD. O. OHUNGO
Holding
The court will not dismiss the matter due to lack of prosecution.
Facts
The plaintiffs filed an affidavit regarding the status of another matter, which was pending since 2012. The court had previously stayed proceedings in this matter pending the hearing and determination of another matter.
Issues
- Whether the suit should be dismissed due to lack of prosecution.
- Whether the plaintiffs have shown sufficient cause to not dismiss the suit.
Reasoning
The court found that the plaintiffs have shown sufficient cause to not dismiss the suit, as the matter is still pending and the plaintiffs have been actively prosecuting it.
Outcome
The suit is not dismissed.
Orders
- The plaintiffs are encouraged to actively prosecute Nakuru High Court Miscellaneous Civil Application Number 6 of 2012.
Authorities cited
Legislation (1)
- Order 17 rule 2 of the Civil Procedure Rules
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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