Premium Petroleum Limited & 2 others v Family Bank Limited & another [2019] KEELC 4320 (KLR)
- Court
- Environment & Land Court
- Case number
- 4320
- Citation
- [2019] KEELC 4320 (KLR)
- Decided
- 28 February 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial judgmentCoramK. BOR
Holding
The suit against the 1st and 2nd Defendants is dismissed. The 1st Defendant is awarded the costs of the suit.
Facts
The Plaintiffs filed a plaint and an application for interim relief on May 18, 2015, seeking to restrain the Defendants from dealing with a property. The Plaintiffs did not take any further steps in the case for over two years, and the 1st Defendant sought dismissal of the Plaintiffs' case for want of prosecution.
Issues
- Dismissal of the Plaintiffs' case for want of prosecution
- Award of costs to the 1st Defendant
Reasoning
The Plaintiffs have inordinately delayed to prosecute the matter, and more than two years have elapsed since they last took a step in the suit. The court has discretion to dismiss the suit on an application by a party where no step has been taken for one year.
Outcome
Dismissal of the suit
Orders
- Dismissal of the suit against the 1st and 2nd Defendants
- Award of costs to the 1st Defendant
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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