Said Mubarak Awadh v Gilbert Mwaganda & another [2018] KEELC 761 (KLR)
- Court
- Environment & Land Court
- Case number
- 761
- Citation
- [2018] KEELC 761 (KLR)
- Decided
- 8 November 2018
Summary at a glance
TypeCivilPostureApplication to dismiss suit for want of prosecutionCoramN.A. MATHEKA
The application to dismiss the suit is dismissed as an abuse of the court process.
Facts
The plaintiff filed a suit on August 6, 2008, and the defendants applied to dismiss it on March 26, 2018, alleging it had been pending for over two years without being heard.
Issues
- Whether the suit should be dismissed for want of prosecution
- Whether the application was an abuse of the court process
Reasoning
The court found that the plaintiff was present in court with witnesses and was ready to proceed, and that the application was not served on the plaintiff.
Outcome
Application dismissed
Orders
- Application dismissed
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