PRISCA YATOR VS SAMUWEL ROTICH AND UASIN GISHU COUNTY SURVEYOR AND 1 Others

RULING

1. The Plaintiff filed this case way back in the year 2016.
2. Since that year, the Plaintiff has filed numerous applications seeking for orders.
3. The court upon taking up the matter on 17^th February, 2025, noted that the Plaintiff was not sure of the pleadings and/or documents she wanted rely up at the hearing.
4. The court on application of the Plaintiff granted her time to prepare, file and serve a trial bundle which she was to rely upon at the hearing.
5. This exercise was to be done within 7 days from the 17^th February, 2025.
6. On the 24^th February, 2025 the matter was again called out in court and the Plaintiff had not filed the trial bundle.
7. Nevertheless, the Plaintiff informed the court that she is abandoning the Amended Plaint she was to prosecute and go back to original Plaint dated 22^nd November, 2016.
8. This Plaint has all the documents including the witness statement and the list of documents.
9. On 24^th February, 2025, the Plaintiff and Defendant took today’s hearing date by consent.
10. The Plaintiff is again seeking for another adjournment of two days to file additional documents.
11. Unfortunately, this court is of the considered view that the Plaintiff is undecided on how or which Plaint to even prosecute.
12. This uncertainty by the Plaintiff is one that is difficult to understand and Court is of the view that the Plaintiff is simply trying to keep the file alive in court without any meaningful proceeding.
13. Consequently, this Court hereby dismisses the Plaintiff case for want of prosecution forthwith.
14. On the issue of costs, each party will bear its own costs.

DATED, SIGNED & DELIVERED Virtually in Eldoret  ELC Court on 12^TH  MARCH 2025.

IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff:  Prisca Yator

Defendant:  Ms. Rotich for 1^st Defendant

   Ms. Odeyo for 2^nd Defendant