Juliana Muthoni Kitololo v Housing Finance Company of Kenya Limited [2020] KEELC 3829 (KLR)
- Court
- Environment & Land Court
- Case number
- 3829
- Citation
- [2020] KEELC 3829 (KLR)
- Decided
- 3 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks to dismiss the suit for want of prosecution.CoramCHRISTINE OCHIENG
Holding
The suit should not be dismissed for want of prosecution as the delay is not inordinate and there is no injustice to the Defendant.
Facts
The suit was last in court on 25th January, 2018 when the court dismissed the Plaintiff's application for injunction. The Plaintiff and Defendant agreed on settlement terms and executed a letter dated 25th February, 2019.
Issues
- Whether the suit should be dismissed for want of prosecution.
- Whether the delay in prosecuting the matter is inordinate.
Reasoning
The court found the Plaintiff's explanation plausible and noted that the parties were negotiating out of court, culminating in a settlement letter. The court dismissed the Defendant's argument that no summons to enter appearance were taken out.
Outcome
The suit was not dismissed.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (5)
- Azhar Mohammed Sheikh & 8 Others v Velji Narshi Shah & Another (2017) eKLR
- Auni Bhaiji & 4 Others v Chief Magistrate Milimani Courts & 2 others (2017) eKLR
- Mwangi S. Kimenyi v Attorney General & Another (2014) eKLR
- Ivita -vs- Kyumbu (1984) KLR 441
- Mwangi S. Kimenyi v Attorney General and Another, Civil Suit Misc. No. 720 of 2009
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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