Serve In Love Africa (Sila) Trust v Abraham Kiptarus Kiptoo & 2 others [2018] KEELC 333 (KLR)
- Court
- Environment & Land Court
- Case number
- 333
- Citation
- [2018] KEELC 333 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for dismissal of suit and discharge of interlocutory injunctionCoramA. OMBWAYO
Holding
Application for dismissal of suit is disallowed. The interlocutory orders of injunction issued on 18.10.2017 are deemed to have lapsed.
Facts
The plaintiff, Serve In Love Africa (Sila) Trust, obtained an interlocutory injunction on 18.10.2017. The plaintiff has not taken any action to prosecute the suit for 12 months.
Issues
- Want of prosecution
- Lapse of interlocutory injunction
Reasoning
The court found that the suit was premature for dismissal due to the lack of pre-trial directions and conferences, and the interlocutory orders of injunction have lapsed by operation of law.
Outcome
Interlocutory injunction is deemed to have lapsed.
Orders
- Interlocutory injunction issued on 18.10.2017 is deemed to have lapsed
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
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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