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Stephen Mbondo & 5 others v Headmaster Mlolongo Primary & another [2018] KEELC 4391 (KLR)

[2018] KEELC 4391 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
4391
Citation
[2018] KEELC 4391 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeApplicationPostureApplication dismissed with no order as to costsCoramO.A. ANGOTE
Holding

Application dated 8 May 2017 dismissed with no order as to costs

Facts

The Plaintiffs filed an Application dated 26 January 2015 seeking a stay of execution of the warrant of attachment of the Defendants' moveable property. The Application was fixed for hearing on 4 May 2015 but was not heard due to the court being not sitting. The matter went into a lull until the current Application was filed in 2017.

Issues

  1. Application for stay of execution of warrant of attachment was not heard due to court being not sitting
  2. Defendants' failure to prosecute the Application

Reasoning

The court dismissed the Application dated 8 May 2017 with no order as to costs, giving the Defendants an opportunity to prosecute the Application dated 26 January 2015 due to the court being not sitting on the date of hearing.

Outcome

Application dismissed

Authorities cited

Cases cited (1)
  • Karisa Chego & Another vs. R. Malindi Civil Appeal No. 44, 45 and 76 of 2014
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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