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Robins Nyangau Mosongo & another v Ngoitoi Leiyan & another [2020] KEELC 357 (KLR)

[2020] KEELC 357 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
357
Citation
[2020] KEELC 357 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for extension of time and strike out of notice of appointment of advocateCoramMohamad
Holding

The Court denied the application and did not extend time for compliance of the orders issued on 25th September, 2018. The notice of appointment of advocate was not struck out.

Facts

The 1st Defendant filed an application seeking to extend time for compliance of orders issued on 25th September, 2018 and to strike out the notice of appointment of advocate. The Plaintiffs opposed the application.

Issues

  1. Whether the Court should extend time for compliance of the orders issued on 25th September, 2018
  2. Whether the notice of appointment of advocate should be struck out

Reasoning

The Plaintiffs argued that the 1st Defendant is not deserving of judicial discretion and that the application is an abuse of court process. The Court found the Plaintiffs' arguments valid.

Outcome

Denied

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure Rules
Cases cited (3)
  • Route Cruisers Ltd V Kenafric Industries Limited (2020) eKLR
  • Mae Properties Limited v Joseph Kibe & another (2019) eKLR
  • Patriotic Guards Ltd v James Kipchirchir Sambu (2018) eKLR
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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