Mao Otieno Ndege v Barrack Ohulo Opwapo [2017] KEELC 2649 (KLR)
- Court
- Environment & Land Court
- Case number
- 2649
- Citation
- [2017] KEELC 2649 (KLR)
- Decided
- 14 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to dismiss suit for want of prosecutionCoramS.M. KIBUN, Moses, S.M. KIBUN
Holding
The Defendant's application to dismiss the suit for want of prosecution is dismissed with costs.
Facts
The Plaintiff filed a suit on November 23, 2012, and the Defendant entered appearance and filed a statement of defence. The exercise to determine land boundaries was agreed upon on March 24, 2014, but not completed.
Issues
- Whether the suit has remained without any steps being taken to prosecute it for more than one year.
- Whether the suit should be dismissed.
- Who pays the costs.
Reasoning
The court found that the exercise to determine land boundaries was not completed due to lack of cooperation from the Defendant, and the delay was known to both parties.
Outcome
Dismissed with costs
Orders
- Application dismissed with costs
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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