M’Mwirichia M’Angare v M’Ibiri M’Bogori & others; Standard Chartered Bank of Kenya Ltd (Interested Party) [2018] KEELC 585 (KLR)
- Court
- Environment & Land Court
- Case number
- 585
- Citation
- [2018] KEELC 585 (KLR)
- Decided
- 28 November 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to re-open defense case and allow tendering of defenseCoramEklr. Kimaru, Odunga, Waki
Holding
The application is not meritorious and is dismissed with costs to the respondent
Facts
The case has been pending for a long time, with the initial plaintiff having died and closing the case in 2007. The 1st defendant seeks to re-open the defense case due to his advocate's absence.
Issues
- Whether the application to re-open the defense case should be granted
- Whether the oxygen principle should be invoked to expedite the case
Reasoning
The case has been pending for a long time, and the oxygen principle should be used to expedite the case. The application is against the oxygen principle and the overriding objective of the court.
Outcome
Application dismissed
Orders
- Application dismissed with costs to respondent
Authorities cited
Cases cited (1)
- John Maina Mburu T/A John Mburu & co, advocates vs George Gitau Manene and 3 others, Nairobi, Milimani Civil C. No. 265 of 2011
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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