JUDGMENT
In this appeal, the appellant, Kinnock Trading Limited, has challenged a ruling delivered by the Environment and Land Court (ELC) (Olola, J.) on 8th October 2019 declining to set aside its order made on 16th January 2019 dismissing the appellant’s suit for want of prosecution and declining to reinstate the suit. The principal question for determination is whether the refusal by the ELC to set aside the order of 16th January 2019 and to reinstate the suit constitutes a wrong exercise of discretion by the learned Judge.
The background in brief is that in July 2015, the appellant, as the registered owner of a property known as Plot No. 5054/1210 instituted suit against the respondents, some of whom are said to be deceased, seeking an order of mandatory injunction to compel them to vacate and hand over possession of the said property. It is the appellant’s case that the respondents are trespassers on the property and that they illegally constructed structures thereon.
There are two …