Paul Maina Kirungui & another v Mercy Muthoni & [2018] KEELC 1145 (KLR)
- Court
- Environment & Land Court
- Case number
- 1145
- Citation
- [2018] KEELC 1145 (KLR)
- Decided
- 31 October 2018
Summary at a glance
TypeCivilPostureAppeal from a dismissal order for want of prosecutionCoramJ G KEMEI
The application is dismissed with costs to the 1st Defendant
Facts
The Plaintiffs filed an application for reinstatement of their suit after it was dismissed for want of prosecution. The Plaintiffs claimed that their advocate was not on record due to an accident involving their secretary, and that the suit was coming up for mention on the day the notice of change of advocate was supposed to be filed.
Issues
- Whether the dismissal of the suit for want of prosecution was justified
- Whether the Plaintiffs' advocate was adequately represented
Reasoning
The Plaintiffs have not demonstrated any interest to prosecute the case and have been indolent, thus the Court cannot exercise discretion in their favor.
Outcome
Dismissed
Orders
- The Plaintiffs' application is dismissed with costs to the 1st Defendant
⚠ 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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