Salimu Bakari Njowa & 2 others v Eugine Joseph ChernerLand Registrar, Kwale [2017] KEELC 2337 (KLR)
- Court
- Environment & Land Court
- Case number
- 2337
- Citation
- [2017] KEELC 2337 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for re-issue and extension of summonsCoramC. YANO
Holding
The plaintiffs' application is dismissed as the summons is no longer valid and the court cannot extend its validity.
Facts
The plaintiffs filed a suit in 1996 and lost contact with their advocates, resulting in the summons being lost. They now seek to re-issue and extend the summons against the defendant.
Issues
- Whether the plaintiffs can re-issue and extend the summons
- Whether the court has the power to extend the validity of the summons beyond the period of twelve months
Reasoning
The court held that the summons is no longer valid and cannot be extended. The plaintiffs have slept on their rights for a long time and the court should not aid them in delaying the course of justice.
Outcome
Application dismissed
Orders
- The plaintiffs' application is dismissed
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- UDYAKUMAR CHANDULAL RAJANI & 4 OTHERS –VS- CHARLES THAITHI (1997) eKLR
- FINA BANK LIMITED –VS- SATYAM INDUSTRIES KENYA LIMITED & 4 OTHERS (2015) eKLR
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.
Loading judgment…