Kirangi Nyamu v Ireri Mbogo & 3 others [2019] KEELC 2692 (KLR)
- Court
- Environment & Land Court
- Case number
- 2692
- Citation
- [2019] KEELC 2692 (KLR)
- Decided
- 27 June 2019
The court finds no merit in the applicant's notice of motion and dismisses it with costs to the respondent
Facts
The applicant filed an originating summons seeking adverse possession of land, which was dismissed for want of prosecution. The applicant then filed multiple applications, including a notice of motion seeking to set aside the dismissal order, but was ultimately dismissed for lack of prosecution.
Issues
- Whether the applicant's application to set aside the dismissal order was timely and merited
- Whether the applicant's conduct in filing multiple applications was diligent and not merely a delaying tactic
Reasoning
The court dismissed the applicant's application for setting aside the dismissal order due to the applicant's lack of diligence in prosecuting his applications and the undue delay in filing the instant application.
Outcome
The applicant's notice of motion dated 16 January 2019 is dismissed with costs to the 3rd respondent assessed at Ksh.20,000/- to be paid within 30 days.
Orders
- The applicant is ordered to pay the court adjournment fee ordered on 4 April 2018
- The applicant is ordered to pay Ksh.20,000/- to the 3rd respondent within 30 days
Authorities cited
Legislation (2)
- Limitation of Actions Act (Cap. 22)
- Register of Land Act
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