Kiprotich Korir & another v Shiyotor Holdings Limited [2017] KEELC 190 (KLR)
- Court
- Environment & Land Court
- Case number
- 190
- Citation
- [2017] KEELC 190 (KLR)
- Decided
- 10 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks dismissal of plaintiffs' suit for want of prosecution and costs.CoramA. OMOLLO
Holding
The suit is dismissed with costs to the defendant.
Facts
The plaintiffs filed a suit against the defendant. The 2nd plaintiff died on November 3, 2015, and the suit has not been heard for over a year. The defendant applied to dismiss the suit for want of prosecution.
Issues
- Whether the 2nd plaintiff has opposed the application.
- If the 2nd plaintiff has opposed the application, whether there is merit in the application.
Reasoning
The suit has not been set down for hearing for over a year despite the court's previous refusal to dismiss the suit for want of prosecution. The 2nd plaintiff's suit has abated due to the death of the plaintiff and the failure to take steps to substitute the plaintiff.
Outcome
Dismissal of the suit with costs awarded to the defendant.
Orders
- The suit is dismissed with costs of the suit and this application awarded to the defendant/Applicant.
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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