Desderio Willis Mbaka & 8 others v Presbyterian Foundation & 2 others [2017] KEELC 2327 (KLR)
- Court
- Environment & Land Court
- Case number
- 2327
- Citation
- [2017] KEELC 2327 (KLR)
- Decided
- 10 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an order dismissing the suit for want of prosecutionCoramNdegwa, P. M. NJOROGE
Holding
The court finds that the appellants have shown to the satisfaction of the court that this suit should NOT be dismissed.
Facts
The suit was erroneously filed in Chuka, which does not have an ELC Court, and the appellant's advocate filed an application to have the file returned to Meru.
Issues
- Whether the suit should be dismissed for want of prosecution
- Whether the court should order the appellants to file and exchange written submissions within 21 days of the judgment
- Whether the court should order the respondents to file and exchange written submissions within 21 days after receiving the appellants' submissions
- Whether the court should order the advocate for the appellant to serve the orders issued by the court upon the advocates for the respondents within 10 days of the judgment
- Whether the court should order costs to be in the cause
- Whether the court should give directions on 26.9.2017
Reasoning
The court finds that the appellants have shown that the suit should not be dismissed due to the error in filing the suit in Chuka, which does not have an ELC Court.
Outcome
The suit is not dismissed.
Orders
- The appellants are ordered to file and exchange their written submissions within 21 days of today.
- The respondents are to file and exchange their written submissions within 21 days after receiving the appellants' submissions.
- The advocate for the appellant is to serve upon the advocates for the respondents the orders issued by the court today within 10 days of today.
- Costs shall be in the cause.
- Directions on 26.9.2017
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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