Amoth & 3 others (Suing as a legal administrator of the Estate of Mary Aoko (Deceased)) v Dulo & 4 others
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2 of the Civil Procedure Rules, 2010, no cause having been shown why it should not be dismissed
Key legal issues
#Dismissal for want of prosecution under Order 17 Rule 2
The suit was dismissed as the parties had taken no step for over a year and showed no cause why it should not be dismissed
The court noted the suit was lodged by Originating Summons claiming adverse possession, that the parties had taken no step for more than a year, and that a notice was issued on 17th November 2023 under Order 17 Rule 2. No cause was shown, and the court invoked Article 159(2)(b) that justice shall not be delayed, then dismissed the suit with no orders as to costs.
Legal principles established
#- A suit in which no step has been taken for more than a year, and for which no cause is shown following a notice under Order 17 Rule 2, may be dismissed for want of prosecution
Court orders
#- 1.Suit dismissed pursuant to Order 17 Rule 2 of the Civil Procedure Rules, 2010
- 2.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 17 Rule 2 of the Civil Procedure Rules, 2010 (dismissal of suits for want of prosecution); Article 159(2)(b) of the Constitution
Relief refused
#Applicants' claim to portions of Parcel No. Lambwe East/151/ by adverse possession
Suit dismissed for want of prosecution after inactivity for more than a year and no cause shown
Costs
No orders as to costs
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Article 159(2) (b) of the Constitution of Kenya, 2010 reads; “ Justice shall not be delayed”
The parties have not taken any step in this suit for more than a year.
Pursuant to Order 17 Rule 2 of the Civil procedure Rules, 2010, this suit is hereby dismissed with no orders as to costs.
Issues in the judgment
#Judge name spelled inconsistently within the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Amoth & 3 others (Suing as a legal administrator of the Estate of Mary Aoko (Deceased)) v Dulo & 4 others", Case Analysis (2023). Environment & Land Case 16 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21462/eng@2023-11-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.