Wilson Njogu Karimoni v Embu Farmers Sacco & 2 others [2018] KEELC 2694 (KLR)
- Court
- Environment & Land Court
- Case number
- 2694
- Citation
- [2018] KEELC 2694 (KLR)
Summary at a glance
TypeCivilPostureApplication for setting aside the order of dismissal for want of prosecutionCoramY.M. ANGIMA
The Plaintiff's application is dismissed with costs to the 1st and 2nd Defendants.
Facts
The Plaintiff sought an order for setting aside the order made on 2nd November 2015 dismissing the Plaintiff’s suit for want of prosecution. The Plaintiff claimed that the suit was erroneously dismissed for want of prosecution, that the pleadings had not closed, and that the Defendant had blocked the hearing by filing a notice of preliminary objection. The Plaintiff's advocate was out of the country for medical attention.
Issues
- Whether the Plaintiff has made out a case for review of the dismissal order made on 2nd November 2015
- Whether the Plaintiff's suit was erroneously dismissed for want of prosecution
Reasoning
The court rejected the Plaintiff's arguments and found that the dismissal order was made on merit. The court was satisfied that there was an unjustifiable delay of about 4 years on the part of the Plaintiff in consequence whereof the suit was dismissed for want of prosecution.
Outcome
Dismissed
Orders
- The Plaintiff's application is dismissed with costs to the 1st and 2nd Defendants.
Authorities cited
⚠ 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.
Loading judgment…