Calvary International Ministries through Registered Trustees v Eustace Nyag Angatuni & another [2017] KEELC 2240 (KLR)
- Court
- Environment & Land Court
- Case number
- 2240
- Citation
- [2017] KEELC 2240 (KLR)
- Decided
- 19 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an order dismissing a motion for want of prosecutionCoramP. M. NJOROGE
Holding
The court finds that the plaintiff has shown to the satisfaction of the court that this suit should not be dismissed.
Facts
The plaintiff, Calvary International Ministries, sought an order dismissing the matter for want of prosecution. The defendant, Eustace Nyag Angatuni, filed an affidavit stating that the plaintiff had lost interest in the matter and that this was the second time a similar application was filed.
Issues
- Whether the plaintiff has lost interest in the matter
- Whether the court should take notice of the second filing of a similar application
Reasoning
The court considered the plaintiff's assertion that they are enjoying possession of the suit property and that they are not in a hurry to prosecute the matter. The court also noted that this was the second time a similar application was filed.
Outcome
The application is dismissed.
Orders
- The plaintiff is ordered to fully comply with order 11, Civil Procedure Rules within 30 days of today.
- The defendants are ordered to fully comply with order 11, Civil Procedure Rules, within 30 days after receipt of the plaintiff’s compliance documents.
- The plaintiff is ordered to serve the orders issued by the court today upon the defendants within 14 days of 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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