MARY GAME v MARSABIT COUNTY COUNCIL & 4 OTHERS [2007] KEHC 360 (KLR)
- Court
- High Court of Kenya
- Case number
- 360
- Citation
- [2007] KEHC 360 (KLR)
- Decided
- 19 April 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to set aside dismissal of suitCoramD. K. S. AGANYANYA
Holding
The application is dismissed with each party bearing their own costs.
Facts
The plaintiff, Mary Game, sought to set aside an order dismissing her suit filed on 28th June 2002, which was based on the allocation of Plot Number 828 in Marsabit Township by Marsabit County Council in 1984. The plaintiff rejected an offer to allocate an alternative plot due to disputes over the motive of the Clerk to Council.
Issues
- Setting aside the dismissal of the suit
- Seriousness of the application
Reasoning
The court found the delay in filing the application to be inordinate, considering the seriousness of the matter and the need to treat it urgently. The court also noted that the dispute alone is not a valid reason to set aside the dismissal order.
Outcome
Application dismissed
Orders
- Each party bears his/her own costs
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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