Mbaka Kathuni v Basilio Mwiathi Mugo [2018] KEELC 4814 (KLR)
- Court
- Environment & Land Court
- Case number
- 4814
- Citation
- [2018] KEELC 4814 (KLR)
- Decided
- 29 January 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an order dismissing the suit for want of prosecution.CoramNdegwa, Miss Kiome, P.M. NJOROGE
Holding
The suit is not dismissed.
Facts
The plaintiff, Mbaka Kathuni, filed a suit against the defendant, Basilio Mwiathi Mugo, and was ordered to show cause why the suit should not be dismissed for want of prosecution. The plaintiff submitted a Replying Affidavit on January 26, 2018.
Issues
- Whether the suit should be dismissed for want of prosecution.
- Whether the plaintiff has shown cause why the suit should not be dismissed.
Reasoning
The court is satisfied that the plaintiff has shown cause why the suit should not be dismissed.
Outcome
The suit is not dismissed.
Orders
- The plaintiff is to fully comply with Order 11, CPR, within 14 days of today.
- The defendant to fully comply with order 11, CPR, within 30 days after receipt of the plaintiff’s remaining compliance documents or all of them, as the case may be.
- The plaintiff to serve the orders issued by the court today upon the defendant’s advocate, Mr. Kijaru, within 14 days.
- The suit to be heard on 30.4.2018.
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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