Sankale Alfred Karasha v Simon Joseph Karasha [2020] KEELC 3335 (KLR)
- Court
- Environment & Land Court
- Case number
- 3335
- Citation
- [2020] KEELC 3335 (KLR)
The court dismisses the application for dismissal of the suit for want of prosecution and orders the Applicant an opportunity to prosecute his suit and set it down for hearing within 30 days. The issue of eviction is left to the outcome of the suit.
Facts
Respondent Simon Joseph Karasha claims to be the registered proprietor of the suit land and that the suit was last in court in November, 2016. He states that he is unable to litigate his claim due to the pendency of the current suit. Applicant Alfred Karasha claims to have purchased the suit land in 1960 and developed it, but has been taking unlawful possession.
Issues
- whether the suit should be dismissed for want of prosecution
- whether the Applicant should be evicted from the suit land
Reasoning
The court considers the delay in setting the suit down for hearing and the lack of prejudice to the Respondent. The court grants the Applicant an opportunity to prosecute his case and set it down for hearing.
Outcome
The application for dismissal of the suit for want of prosecution is dismissed. The issue of eviction is left to the outcome of the suit.
Orders
- Grant the Applicant an opportunity to prosecute his suit and set it down for hearing within 30 days
- Dismiss the application for dismissal of the suit for want of prosecution
Remedies
- Opportunity to prosecute the suit and set it down for hearing
Authorities cited
Legislation (4)
- Order 17 Rule 2 (1) (2) (3) of the Civil Procedure Rules
- Order 51 of the Civil Procedure Rules
- Section 1A, 1B including 3A of the Civil Procedure Act
- Article 159 of the Constitution
Cases cited (2)
- Ivita vs. Kyumbu [1984] KLR 441
- Jimmy Wafula Simiyu v Fidelity Commercial Bank Limited [2014] eKLR
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