Odeny (Suing as the Legal Representative of the Estate of Micah Odhiambo Mbani-Deceased) v Ibrahim & 2 others (Environment & Land Case 778 of 2016) [2023] KEELC 20029 (KLR) (21 September 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 20029
- Citation
- [2023] KEELC 20029 (KLR)
- Decided
- 21 September 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for Reinstatement of SuitCoramLN MBUGUA
Holding
The application for reinstatement is dismissed with costs to the third defendant.
Facts
The applicant's suit was initially dismissed for want of prosecution on January 17, 2018. An application for reinstatement was filed on January 18, 2021, but was not prosecuted and dismissed on June 14, 2021. Another application was filed on June 23, 2021, which was set aside on January 27, 2022, and revived on January 16, 2022, but was dismissed due to the applicant's absence.
Issues
- Whether the suit should be reinstated
- Whether the applicant is an indolent litigant
Reasoning
The court found the applicant to be an indolent litigant, as evidenced by the failure to prosecute the suit and the absence at the hearing.
Outcome
The application for reinstatement is dismissed.
Orders
- The application for reinstatement is dismissed with costs to the third defendant.
- Any other pending application is also hereby dismissed.
- The file is hereby marked as closed.
Authorities cited
Cases cited (1)
- Mwangi Gachiengu & 2 others vs. Mwaura Githuku & Another [2019] 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.
Loading judgment…