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Alfred Buore Ngonga v John Omondi Ochieng & 4 others [2020] KEELC 3249 (KLR)

[2020] KEELC 3249 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3249
Citation
[2020] KEELC 3249 (KLR)
Decided
28 February 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAppeal from a previous rulingCoramA.O. Ombwayo
Holding

The application is dismissed with costs

Facts

The plaintiff, Alfred Buore Ngonga, sought to recall a previous ruling dismissing his application for an injunction and to set aside the ruling. The plaintiff claimed that the previous ruling was based on a lack of a surveyors report, which he now provided.

Issues

  1. Whether the delay in filing the application was reasonable
  2. Whether the surveyors report provided a prima facie case for the injunction

Reasoning

The court found the delay in filing the application unreasonable and inordinate, and the plaintiff did not exercise due diligence in conducting the case.

Outcome

Application dismissed

Orders

  • Application dismissed with costs
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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