Peter Mutegi v Benjamin Kimenchu & another [2018] KEELC 4817 (KLR)
- Court
- Environment & Land Court
- Case number
- 4817
- Citation
- [2018] KEELC 4817 (KLR)
- Decided
- 29 January 2018
Summary at a glance
TypeCivilPostureAppeal from a dismissal for want of prosecutionCoramP.M. NJOROGE
The suit is dismissed and should be removed from the record of pending files in the Environment and Land Court
Facts
The plaintiff filed a suit in 2007, but his advocate lost contact with the deceased client's family and was granted 60 days to substitute the plaintiff. The plaintiff and his advocate were given 30 days to apply for an order to revive the suit, but they did not come to court and did not file an application to have the suit reinstated.
Issues
- Whether the suit should be dismissed for want of prosecution
- Whether the suit remains abated against the plaintiff by operation of law
Reasoning
The plaintiff's advocate lost contact with the deceased client's family and was granted 60 days to substitute the plaintiff. The plaintiff and his advocate were given 30 days to apply for an order to revive the suit, but they did not come to court and did not file an application to have the suit reinstated.
Outcome
Dismissed
Orders
- The suit is dismissed and should be removed from the record of pending files in the Environment and Land Court
⚠ 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.
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