Waweru v International & 3 others (Environment & Land Case 357 of 2017) [2022] KEELC 2332 (KLR) (14 July 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 2332
- Citation
- [2022] KEELC 2332 (KLR)
- Decided
- 14 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to dismiss suit for want of prosecutionCoramNYUKURI
Holding
The court dismissed the application to dismiss the Plaintiff's suit for want of prosecution.
Facts
The case was last listed for hearing on 24th January 2019, and the Plaintiff has been attending meetings with the 3rd Defendant's counsel over alleged high compensation prices. The 3rd Defendant/Applicant argues the suit has been delayed due to negotiations.
Issues
- Whether the Defendant has met the threshold for dismissal of the Plaintiff's suit for want of prosecution.
Reasoning
The court considered the Civil Procedure Rules and held that while the court has discretion to dismiss a suit for want of prosecution, it should ensure the ends of justice are met. The court noted that the delay was due to negotiations and that the Plaintiff has been attending meetings.
Outcome
Application dismissed
Authorities cited
Legislation (1)
- Order 17 Rule 2 of the Civil Procedure Rules
Cases cited (3)
- Mwangi S. Kaimenyi v Attorney General & Another Civil Misc. No. 720 of 2009
- Naftali Opondo Onyango v National Bank of Kenya Ltd [2005] eKLR
- Ivita v Kyumbu (1984) KLR 441
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.
Loading judgment…