Julius Ochieng Oloo & another v Lilian Wanjiku Gitonga [2017] KEELC 2345 (KLR)
- Court
- Environment & Land Court
- Case number
- 2345
- Citation
- [2017] KEELC 2345 (KLR)
- Decided
- 27 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a dismissal of a suit for want of prosecutionCoramE. O. OBAGA
Holding
The Plaintiffs' application is dismissed with costs to the Defendant
Facts
The Plaintiffs filed a Notice of Motion seeking review and setting aside of the Orders of 27th January 2015 made by Honorable Lady Justice Nyamweya. The Defendant sought the dismissal of the Plaintiffs' suit for want of prosecution.
Issues
- Whether the Plaintiffs' application for review and setting aside of the Orders of 27th January 2015 is valid
- Whether the Plaintiffs' application is based on a mistaken belief that their application was dismissed because the affidavit in support was sworn by their advocate
Reasoning
The Plaintiffs' reasons for review are the same reasons raised in their opposition to the application for dismissal of their suit for want of prosecution. The Judge did not allow the application for dismissal because of the Plaintiffs' failure to swear an affidavit in their own name, but because of other reasons.
Outcome
Dismissed with costs
Orders
- The Plaintiffs' application for review and setting aside of the Orders of 27th January 2015 is dismissed with costs to the Defendant
Authorities cited
Cases cited (1)
- Abasi Belinda –vs- Fredrick Kangwamu & Another ( 1963) EA 557 Bennet
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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