DICKSON MIRITI KAMONDE v KENYA COMMERCIAL BANK LTD [2006] KEHC 1853 (KLR)
- Court
- High Court of Kenya
- Case number
- 1853
- Citation
- [2006] KEHC 1853 (KLR)
- Decided
- 11 July 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for dismissal of suit for want of prosecutionCoramI. LENAOLA
Holding
The Application is allowed and the suit is dismissed for want of prosecution.
Facts
The Plaintiff obtained an injunction on 30.7.1999 restraining the Defendant from selling securities offered by the Plaintiff for a loan facility. The Plaintiff did not pursue the case further and filed an application for dismissal of the suit for want of prosecution.
Issues
- Whether the Plaintiff's delay in pursuing the case is excusable
- Whether the Plaintiff should be allowed to proceed with the suit
Reasoning
The Plaintiff's delay in pursuing the case is not excusable and he has not provided evidence that the court file was unavailable. The Plaintiff has had more than 7 years to pursue the case and his inaction is unacceptable.
Outcome
Application allowed
Orders
- Costs to the Defendant
Authorities cited
Cases cited (1)
- Nilan vs Patel and Others [1969] E.A. 340
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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