Laboso & 34 others v Mageto & 2 others; Mara Coffee Millers & another (Applicant) (Environment & Land Case 8 of 2023) [2025] KEELC 1304 (KLR)
The bottom line
#The court refused to dismiss a 2018 land suit because the defendants used the wrong legal rule and the case was still active.
What this practically means
#Executive summary
#Key legal issues
#Whether the orders sought can be granted in the application as drafted
No - specific provisions (Order 17 and Order 2 Rule 15 of the Civil Procedure Rules) existed for the relief sought, and an application founded only on the general section 3A cannot yield the orders sought
Relying on the Supreme Court's exposition of lex specialis derogat legi generali, the court held that where specific rules deal with dismissal for want of prosecution and striking out for abuse of process, a party must invoke those provisions rather than the court's general inherent jurisdiction under section 3A. The application as drafted therefore could not succeed.
Whether the suit should be dismissed for want of prosecution
No - the record showed the suit was active, with hearing dates having been taken as recently as October 2024, so there was no inactivity warranting dismissal
The court perused the record and found that although the suit was filed in 2018, it had been active, with hearing dates issued in October 2024 when the matter did not proceed. The applicants were joined only on 17th April 2023 and trial bundles had been filed. The application was therefore found to lack merit.
Legal principles established
#- Under lex specialis derogat legi generali, where specific procedural provisions govern dismissal of a suit for want of prosecution or abuse of process, they must be invoked instead of the general inherent jurisdiction under section 3A
Court orders
#- 1.Paragraphs 12 to 25 of the Replying affidavit of Paul Laboso deponed on 04.11.2024 are expunged from the affidavit
- 2.Parties directed to file and exchange documents, witness statements and list of issues within 42 days, with the plaintiffs and their counsel having 21 days and the defendants 21 days after service
- 3.Matter to be mentioned before the Deputy Registrar for compliance on 05.05.2025, whereafter a pre-trial conference date shall be given before the court
- 4.Application dated November 4, 2024 dismissed with costs in the cause
- Jurisdiction invoked
- Sections 1B and 3A of the Civil Procedure Act (application under those provisions)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Laboso & 34 others v Mageto & 2 others; Mara Coffee Millers & another (Applicant) (Environment & Land Case 8 of 2023) [2025] KEELC 1304 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1304/eng@2025-03-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.