Concorde Container Services vs Joseph Muthika Kago [2004] KEHC 2231 (KLR)
- Court
- High Court of Kenya
- Case number
- 2231
- Citation
- [2004] KEHC 2231 (KLR)
- Decided
- 26 May 2004
The appeal is allowed, the dismissal for want of prosecution is set aside, and the Notice of Motion is dismissed.
Facts
The Plaintiff filed a suit on April 20, 2000, but the case was dismissed for want of prosecution due to the Plaintiff's inaction after the court was unavailable. The Plaintiff explained that the delay was due to discussions about quantifying the claim, but the case was ultimately dismissed.
Issues
- Whether the delay in prosecuting the case was inordinate and inexcusable
- Whether the defendant was prejudiced by the delay
Reasoning
The delay was nine months, not three and a half years as the lower court believed. The delay was explained and was not inordinate. The court found that the Plaintiff had a reasonable excuse for the delay and that justice could still be done to the parties notwithstanding the delay.
Outcome
Appeal allowed, dismissal for want of prosecution set aside
Orders
- Notice of Motion dated March 14, 2002 in the Lower Court is dismissed
Remedies
- All costs, in the Lower Court, and on appeal, shall be in the cause
Authorities cited
Cases cited (2)
- Allen vs Sir Alfred McAlpine & Sons (1968) AII E.R
- Ngwambu Ivita vs Akton Mutua Kyumbu (1984) KLR 441
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