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ELCOtherELC NO. 4 OF 2020· [2025] KEELC 3036 (KLR)

Maundu & 2 others v Muthoka (Environment & Land Case 4 of 2020) [2025] KEELC 3036 (KLR)

Environment and Land Court
3 April 2025
EOE. O. Obaga
669 words in judgment
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The bottom line

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A five-year delay in prosecuting an adverse possession claim, without credible explanation, led the Environment and Land Court to dismiss the case and award costs to the landowner.

What this practically means

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Executive summary

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The Defendant filed a Notice of Motion dated 3rd February, 2025 seeking dismissal of the Plaintiffs' suit for want of prosecution, contending that over a year had passed without steps to prosecute and that the suit was in any event misconceived because the dispute had been settled under the Land Adjudication Act process. The Plaintiffs opposed through an affidavit sworn on 19th March, 2025, stating they were keen to prosecute, that the suit was filed on 22nd January, 2020, that the Covid-19 pandemic slowed proceedings, and that after their advocate was allowed to cease acting on 20th March, 2023 they received no mention notices until served with the dismissal application; the 1st Respondent also deponed to a period of illness. The application was argued orally. The court framed a single issue: whether the Respondents had shown sufficient reason why the suit should not be dismissed. The court noted the suit, an originating summons filed on 23rd January, 2020 seeking a declaration of adverse possession after the dismissal of the Respondents' appeal to the Minister under the Land Adjudication Act, had seen no steps by either party after March 2023. The claimed illness was unsupported by evidence, and no reason was given why the co-Respondents could not instruct counsel. Finding no valid reason for five years of inaction, and noting the Respondents had exhausted the Land Adjudication Act process, the court allowed the application and dismissed the Respondents' suit with costs to the Applicant.

Key legal issues

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01

Whether the suit should be dismissed for want of prosecution

Holding

Dismissal ordered; the Respondents failed to show sufficient reason for the delay, and the underlying claim was anyway misconceived having gone through the Land Adjudication Act process.

Reasoning

The suit was filed in January 2020 but, after the Respondents' advocate ceased acting in March 2023, neither party took any step until the dismissal application. The claimed illness was unsupported by evidence, and no explanation was given for the other co-Respondents' inaction. For five years the Respondents showed no intention of progressing the case, so the application was allowed.

p. 2

Legal principles established

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  • A plaintiff seeking to avoid dismissal for want of prosecution must demonstrate a valid reason for the delay in prosecuting the suit.

Court orders

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  1. 1.The Applicant's Notice of Motion dated 3rd February, 2025 is allowed
  2. 2.The Respondents' suit is dismissed with costs to the Applicant
Jurisdiction invoked
Inherent jurisdiction to dismiss a suit for want of prosecution (Notice of Motion dated 3rd February, 2025)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Maundu & 2 others v Muthoka (Environment & Land Case 4 of 2020) [2025] KEELC 3036 (KLR)", Case Analysis (2025). ELC NO. 4 OF 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3036/eng@2025-04-03

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.