Ruth Wanjiru Njoroge & another v Attorney General & 3 others [2018] KEELC 2119 (KLR)
- Court
- Environment & Land Court
- Case number
- 2119
- Citation
- [2018] KEELC 2119 (KLR)
- Decided
- 26 July 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for stay of proceedings and reinstatement of suitCoramMohammed Noor Kullow
Holding
The plaintiffs' application is not merited and is dismissed with costs.
Facts
The suit was dismissed on May 30, 2017 for want of prosecution. The plaintiffs and their advocate left the court during a break, and the suit was dismissed. The plaintiffs now seek to reinstate the suit.
Issues
- Whether the plaintiffs have laid proper grounds for the court to exercise its discretion to set aside the order for dismissal.
- Whether the plaintiffs are worthy of benefiting from the court's discretion due to misleading the court.
Reasoning
The plaintiffs' statement that they were present on May 30, 2017 is misleading as the application was heard on July 26, 2017. The plaintiffs have not demonstrated why the suit should be reinstated.
Outcome
Dismissed with costs
Orders
- Application dismissed
- Proceedings of the court dated May 30, 2017 set aside
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…