Arab Mohommed Ahmed v John Ngandu Kinuthia; Malde Transporters Ltd (Civil Suit 365 of 1999) [2005] KEHC 2375 (KLR) (Civ) (3 June 2005) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2375
- Citation
- [2005] KEHC 2375 (KLR)
- Decided
- 3 June 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous order dismissing the suit and striking out the plaintCoramJ. B. Ojwang
Holding
The court reiterates the previous orders and gives a new deadline for the plaintiffs to comply with the rules of procedure and set down their suit for hearing.
Facts
The plaintiff filed a suit for damages for negligent driving causing the death of Arab Mohammed Ahmed. The suit was not prosecuted, and the 2nd defendant applied to dismiss the suit and strike out the plaint.
Issues
- Whether the suit should be dismissed due to lack of prosecution
- Whether the suit should be struck out due to abuse of process
Reasoning
The court found that the plaintiffs had not prosecuted the suit within the time frame allowed, and the application was made within the time limit.
Outcome
The plaintiffs are given 90 days from the date of the ruling to comply with the rules of procedure and set down their suit for hearing.
Orders
- Reiteration of previous orders
- 90 days for plaintiffs to comply with rules of procedure and set down suit for hearing
- The 2nd defendant is at liberty to set down for hearing its Chamber Summons or file a more suitable application
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.
Loading judgment…