Paustina Auma Ojwang v John Onyango Owangi & 2 others [2017] KEELC 362 (KLR)
- Court
- Environment & Land Court
- Case number
- 362
- Citation
- [2017] KEELC 362 (KLR)
- Decided
- 6 December 2017
Summary at a glance
TypeLand DisputePostureApplication for Reinstatement of SuitCoramA. K. KANIARU
The application is allowed, but the Applicant is ordered to pay the remaining 5,000/= and 5,000/= as costs within 60 days. If not paid, the suit will stand dismissed.
Facts
The Applicant, Paustina Auma Ojwang, filed an Originating Summons on 24/2/2015, which was dismissed on 9/2/2016. The suit was later reinstated by consent on 15/3/2016 with a condition of paying 10,000/= as thrown away costs. The Applicant only paid 5,000/=. The land in dispute is a one-acre portion in LR. No. SOUTH TESO/ANGOROMO/9755/9754. The Applicant claims adverse possession, while the Respondents deny the claim.
Issues
- Unfair dismissal of the suit due to non-attendance during the first hearing
- Non-payment of the 10,000/= thrown away costs
Reasoning
The court considers the application for reinstatement of the suit, noting the Applicant's poor financial situation and the Respondents' legitimate cost concerns. The court allows the application but imposes a payment order.
Outcome
Application allowed with payment order
Orders
- Payment of 5,000/= within 60 days
- Payment of 5,000/= as costs within 60 days
Remedies
- Reinstatement of the suit with payment of costs
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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