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ELCOtherELC NO. 4 OF 2020

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.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.whether the Respondents have shown sufficient reason why the suit should not be dismissed

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

The bench

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One judgment of the whole court — no separate or dissenting opinions.

EO
majority

Wrote the judgment

Jurisdiction invoked
Inherent jurisdiction to dismiss a suit for want of prosecution (Notice of Motion dated 3rd February, 2025)

Relief refused

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Respondents' plea to retain their adverse possession suit and prosecute it

No sufficient reason shown for five years of inaction; illness not evidenced and co-Respondents gave no explanation

p. 2

Costs

Suit dismissed with costs to the Applicant

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The only issue for determination is whether the Respondents have shown suficient reason why the suit should not be dismissed.
p. 2test for dismissal for want of prosecution
For five years, the Respondents never showed any intention to progress their case towards having it heard.
p. 2inordinate delay and inaction
I allow the same with the result that the Respondents' suit is hereby dismissed with costs to the Applicant.
p. 2final orders - dismissal and costs
It is so ordered.
p. 2disposition

Issues in the judgment

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minor

Judgment describes the application as seeking dismissal of the suit but also characterises the suit as misconceived as having been settled under the Land Adjudication Act; the dismissal rests on want of prosecution.

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.