Kenya Anti-Corruption Commission v Sheldon Livasia Mugugo & another [2017] KEELC 2231 (KLR)
- Court
- Environment & Land Court
- Case number
- 2231
- Citation
- [2017] KEELC 2231 (KLR)
- Decided
- 19 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to dismiss Civil Suit No. 82 of 2009 for want of prosecutionCoramN. A. MATHEKA
Holding
The Civil Suit No. 82 of 2009 is dismissed for want of prosecution.
Facts
The Kenya Anti-Corruption Commission (KACC) initiated an investigation into the alleged illegal acquisition of land, which was later discovered to be trust land vested in the Kakamega County Council.
Issues
- Whether the plaintiff has pursued the suit for more than one year
- Whether the delay is inordinate and prejudicial to the defendant
Reasoning
The plaintiff has been dormant in pursuing the suit for a period amounting to more than a year since it was set down for hearing.
Outcome
The application is granted.
Orders
- Civil Suit No. 82 of 2009 is dismissed for want of prosecution.
- The costs of this application are in the cause.
Authorities cited
Legislation (1)
- Article 50 (1) of the Constitution of Kenya
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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