Kibue Mutungu Hanniel v Isaac Gichohi Mwangi & 3 others [2022] KEELC 848 (KLR)
The bottom line
#A Kenyan land court refused to dismiss a delayed suit because Covid-19 court suspensions explained the delay, and existing property orders remain in place.
What this practically means
#Executive summary
#Key legal issues
#Whether the suit should be dismissed for want of prosecution under Order 17 rule 2 of the Civil Procedure Rules
The application is not merited; the delay was explained by the suspension of court operations during the Covid-19 pandemic and no prejudice will be suffered by the 1st Defendant
The court reviewed the record and noted the matter was last before court on 17th March 2020, during the Covid-19 suspension of court operations, and only came up again on 12th April 2021. The Plaintiff had complied with Order 11 by 5th July 2021. Applying Order 17 rule 2, the court held the discretionary power to dismiss had not been triggered justifiably, the explanation was reasonable, and the matter should proceed to full hearing.
Whether the conservatory, injunction and restriction orders issued on 24th October 2019 should be vacated
The orders were not vacated because the application seeking their vacation was dismissed
The raising of the interim orders was premised on dismissal of the suit for want of prosecution. Having found the Plaintiff had given a reasonable explanation for the delay and that no prejudice would be occasioned to the 1st Defendant, the court declined to disturb the interim orders, holding the matter ought to go to full hearing so all issues are resolved.
Legal principles established
#- Order 17 rule 2 confers a discretionary power ('may') on the court to dismiss a suit where no step has been taken for one year; the decision depends on the circumstances of each case
- A suit should not be dismissed for want of prosecution where the plaintiff gives a reasonable explanation for the delay and no prejudice is occasioned to the defendant
Court orders
#- 1.The Notice of Motion dated 28th April 2021 is dismissed with no orders as to costs
- 2.It is so ordered
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act and Order 17 rule 2(1) and (3) of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kibue Mutungu Hanniel v Isaac Gichohi Mwangi & 3 others [2022] KEELC 848 (KLR)", Case Analysis (2022). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/848/eng@2022-03-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.