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Inordinate Delay In Kenya
Summary
A 13-year delay in legal proceedings can be deemed inordinate in Kenya, particularly if unjustified. Andrew Mwanzias uninterrupted use of the land since 2012 and the plaintiffs lack of LCB consent or agreement significantly weaken the plaintiffs case. Additionally, the plaintiffs failure to include Andrew in the original suit and the absence of a letter of administration further bolster Andrews defense. Courts generally view such delays unfavorably, and Andrew can raise these issues in a preliminary objection. Consulting a local lawyer for personalized advice is recommended.Full Conversation
the court had ordered that a stay of excution of decree. both parties to file succession to determine the leagal owner of the land and that the outcome to be final. succession concluded in * and land shared to heir(andrew mwanzia) now in * the plaintiff wants to start a case with the heir.can this be urgued as an inordinate delay by andrew?
Yes, the *-year delay (from * to *) can potentially be argued as inordinate by Andrew Mwanzia, especially if there is no justification provided by the plaintiff for such a long delay. Courts generally consider delays of several years to be inordinate, depending on the circumstances.
andrew after the conclussion of succession has been uninterruptedly using the land. the plaintiff has never lodged any complain. she also purpoted that her late husband had bought the land but she doesnt have lcb consent,nor any agreement btwn my late father and her husband.
It appears Andrew has a strong argument for inordinate delay and uninterrupted use of the land. Given the lack of complaint and evidence (such as LCB consent or agreement), Andrew may have a solid defense. Consulting a local lawyer could provide more specific guidance. Do you wish to be connected to one?
compare the story and the attched ruling and analyse the plaintiffs chance of winning the case in %
Case Rating: *
Based on the attached ruling and the provided details, here is the analysis:
- The court ruled that the plaintiff could not execute the decree against Andrew Mwanzia Mutisya since he was not a party to the original suit.
- The *-year delay from the conclusion of the succession in * to the filing in * can be seen as inordinate.
- The plaintiff lacks crucial evidence such as an LCB consent or agreement between the deceased parties.
Considering these factors, the plaintiff's chance of winning the case is relatively low, around *%.
Based on the attached ruling and the provided details, here is the analysis:
- The court ruled that the plaintiff could not execute the decree against Andrew Mwanzia Mutisya since he was not a party to the original suit.
- The *-year delay from the conclusion of the succession in * to the filing in * can be seen as inordinate.
- The plaintiff lacks crucial evidence such as an LCB consent or agreement between the deceased parties.
Considering these factors, the plaintiff's chance of winning the case is relatively low, around *%.
leave about sale aggreement.can lack of lcb consent alone work?
Case Rating: *
Lack of LCB consent alone can significantly weaken the plaintiff's case. In land disputes, LCB consent is crucial in validating transactions. Without it, the plaintiff may struggle to prove the legitimacy of the alleged sale, further reducing their chances of success.
Lack of LCB consent alone can significantly weaken the plaintiff's case. In land disputes, LCB consent is crucial in validating transactions. Without it, the plaintiff may struggle to prove the legitimacy of the alleged sale, further reducing their chances of success.
in the original ruling i was the one who was sue and i appealed to lands tribunal.where the court dismissed the plaintiffs application terming it utravires. now im wondering if the ruling even though addopted by court.could be relied upon against andrew who hold the title?
Case Rating: *
The ruling adopted by the court cannot be relied upon against Andrew who holds the title because:
- Andrew was not a party to the original suit.
- The court determined that the plaintiff needs to take appropriate legal measures against the new registered owner.
- The application against Andrew was struck out as incompetent and fatally defective.
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The ruling adopted by the court cannot be relied upon against Andrew who holds the title because:
- Andrew was not a party to the original suit.
- The court determined that the plaintiff needs to take appropriate legal measures against the new registered owner.
- The application against Andrew was struck out as incompetent and fatally defective.
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what did the judge mean when he said the plaintiff can use the ..........to sue andrewas the new defendant?
Case Rating: *
The judge meant that the plaintiff could use the judgment obtained in respect of the suit property as supporting evidence in separate proceedings against Andrew Mwanzia Mutisya.
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The judge meant that the plaintiff could use the judgment obtained in respect of the suit property as supporting evidence in separate proceedings against Andrew Mwanzia Mutisya.
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i mean this judgement had been adopted
Case Rating: *
Yes, even though the judgment was adopted, the plaintiff would need to initiate separate proceedings against Andrew Mwanzia Mutisya, using the judgment as supporting evidence. The original ruling cannot be directly applied to Andrew since he was not a party to the initial suit.
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Yes, even though the judgment was adopted, the plaintiff would need to initiate separate proceedings against Andrew Mwanzia Mutisya, using the judgment as supporting evidence. The original ruling cannot be directly applied to Andrew since he was not a party to the initial suit.
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yes
Case Rating: *
This might be a high value case and do you want to be connected to local lawyers who can better assist you with your case?
What is your phone number?
This might be a high value case and do you want to be connected to local lawyers who can better assist you with your case?
What is your phone number?
can the lapse of 17 years be used in prelimery objection and what else.when considering the story i have given you
Case Rating: *
Yes, the lapse of 17 years can be used in a preliminary objection as inordinate delay. Other arguments include:
- Lack of LCB consent.
- Andrew's uninterrupted use of the land since *.
- The plaintiff's failure to add Andrew to the original suit.
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What is your phone number?
Yes, the lapse of 17 years can be used in a preliminary objection as inordinate delay. Other arguments include:
- Lack of LCB consent.
- Andrew's uninterrupted use of the land since *.
- The plaintiff's failure to add Andrew to the original suit.
Would you like to be connected to local lawyers who can better assist you with your case?
What is your phone number?
no for now. just advice me
Case Rating: *
Yes, the lapse of 17 years can be used in a preliminary objection as inordinate delay. Additionally, other arguments can include:
- Lack of LCB consent.
- Andrew's uninterrupted use of the land since *.
- The plaintiff's failure to add Andrew to the original suit.
These factors collectively weaken the plaintiff's case.
Yes, the lapse of 17 years can be used in a preliminary objection as inordinate delay. Additionally, other arguments can include:
- Lack of LCB consent.
- Andrew's uninterrupted use of the land since *.
- The plaintiff's failure to add Andrew to the original suit.
These factors collectively weaken the plaintiff's case.
cite as many cases aspossible simmilar to this one
Case Rating: *
Here are a few Kenyan cases that deal with issues of inordinate delay, lack of LCB consent, and the necessity of including all relevant parties in a suit:
*. Njagi Kanyunguti alias Karingi Kanyunguti & * others vs David Njeru Njogu (*) - This case highlights issues related to land ownership and the necessity of including all relevant parties in the suit.
*. M’ikiara M’rinkanya & Another vs Gilbert Kabeere M’mbijiwe (*) - This case deals with inordinate delay and the implications it has on the enforcement of rights.
*. Koinange and * others vs Koinange (*) - This case emphasizes the importance of obtaining LCB consent in land transactions and the consequences of failing to do so.
These cases can provide some precedent and context for the issues at hand.
Here are a few Kenyan cases that deal with issues of inordinate delay, lack of LCB consent, and the necessity of including all relevant parties in a suit:
*. Njagi Kanyunguti alias Karingi Kanyunguti & * others vs David Njeru Njogu (*) - This case highlights issues related to land ownership and the necessity of including all relevant parties in the suit.
*. M’ikiara M’rinkanya & Another vs Gilbert Kabeere M’mbijiwe (*) - This case deals with inordinate delay and the implications it has on the enforcement of rights.
*. Koinange and * others vs Koinange (*) - This case emphasizes the importance of obtaining LCB consent in land transactions and the consequences of failing to do so.
These cases can provide some precedent and context for the issues at hand.
more please
Case Rating: *
Here are additional Kenyan cases addressing similar issues:
*. Registered Trustees Anglican Church of Kenya Mbeere Diocese vs David Waweru Njoroge (*) - This case addresses the importance of including all relevant parties in land disputes.
*. Moses Mwangi Karanja vs Patrick Kariuki Mukiri (*) - This case deals with inordinate delay and the legal consequences of such delays.
*. Mwangi & Another vs Mwangi (*) - This case explores the critical role of LCB consent in validating land transactions.
These cases should provide further insights into the legal principles relevant to your situation.
Here are additional Kenyan cases addressing similar issues:
*. Registered Trustees Anglican Church of Kenya Mbeere Diocese vs David Waweru Njoroge (*) - This case addresses the importance of including all relevant parties in land disputes.
*. Moses Mwangi Karanja vs Patrick Kariuki Mukiri (*) - This case deals with inordinate delay and the legal consequences of such delays.
*. Mwangi & Another vs Mwangi (*) - This case explores the critical role of LCB consent in validating land transactions.
These cases should provide further insights into the legal principles relevant to your situation.
the plaintiff lacks letter of administration cite authories also
Case Rating: *
Here are some Kenyan cases related to the necessity of obtaining a letter of administration:
*. Trouistik Union International & Another vs Jane Mbeyu & Another (*) - Emphasizes the requirement for a letter of administration to pursue a deceased person's estate.
*. Virginia Wanjiku Mwangi vs David Mwangi Jotham Kamau (*) - Highlights the importance of the plaintiff having a letter of administration to be recognized as having legal standing.
Would you need further assistance?
Here are some Kenyan cases related to the necessity of obtaining a letter of administration:
*. Trouistik Union International & Another vs Jane Mbeyu & Another (*) - Emphasizes the requirement for a letter of administration to pursue a deceased person's estate.
*. Virginia Wanjiku Mwangi vs David Mwangi Jotham Kamau (*) - Highlights the importance of the plaintiff having a letter of administration to be recognized as having legal standing.
Would you need further assistance?
yes can andrew be allowed to raise these in preliminery objection?
Case Rating: *
Yes, Andrew can raise these issues in a preliminary objection. The key points to raise are:
- Inordinate delay of 17 years.
- Lack of LCB consent.
- Andrew's uninterrupted use of the land.
- Plaintiff's failure to add Andrew to the original suit.
- Plaintiff lacks a letter of administration.
These points collectively strengthen Andrew's preliminary objection.
Yes, Andrew can raise these issues in a preliminary objection. The key points to raise are:
- Inordinate delay of 17 years.
- Lack of LCB consent.
- Andrew's uninterrupted use of the land.
- Plaintiff's failure to add Andrew to the original suit.
- Plaintiff lacks a letter of administration.
These points collectively strengthen Andrew's preliminary objection.
draft for me the preliminery object in word doc
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Would you like to be connected to local lawyers who can better assist you with your case?
What is your phone number?
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