Odongo v Oyuga (Environment & Land Case 168 of 2008) [2023] KEELC 16349 (KLR) (21 March 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 16349
- Citation
- [2023] KEELC 16349 (KLR)
- Decided
- 21 March 2023
Summary at a glance
TypeCivilPostureApplication to set aside order of dismissal for want of prosecutionCoramMUNYAO SILA, J
The application is dismissed, and the order of dismissal for want of prosecution remains in effect.
Facts
The plaintiff initiated a suit seeking adverse possession of land parcels, which was dismissed for want of prosecution in 2010. The plaintiff now seeks to reinstate the suit.
Issues
- Whether the plaintiff's application to reinstate the suit should be granted
- Whether the 12-year lapse of time is a valid reason to set aside the order of dismissal
Reasoning
The court finds no merit in the application due to the significant lapse of time and the lack of evidence supporting the plaintiff's allegations.
Outcome
Application dismissed
Orders
- Order of dismissal for want of prosecution remains in effect
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