DANIEL GATHAIYA NJAGI & another v BOARD OF TRUSTEES OF THE NATIONAL SOCIAL SECURITY FUND [2006] KEHC 2145 (KLR)
- Court
- High Court of Kenya
- Case number
- 2145
- Citation
- [2006] KEHC 2145 (KLR)
- Decided
- 5 June 2006
The application for dismissal of the suit is refused. The Plaintiffs are ordered to take demonstrable steps towards prosecution of the suit within 30 days from the date of delivery of this ruling. If they fail, the court may review the order of dismissal.
Facts
Pleadings closed on or about 24 February 2005. Plaintiffs and Defendant exchanged correspondence regarding statement of agreed issues and lists of documents prior to the filing of the statement of agreed issues on 19 December 2005.
Issues
- Whether the Plaintiffs have been indolent in preparing the suit for hearing.
- Whether the Defendant's application for dismissal of the suit is premature and unduly haste.
Reasoning
The Court of Appeal's decision in BHANDARI CONSTRUCTION COMPANY vs STANDARD JOINERY & BUILDING COMPANY [1983] KLR 111 is cited. The Plaintiffs have not been indolent and have been preparing the suit for trial. The Defendant's application is premature.
Outcome
Application dismissed
Orders
- Plaintiffs must take demonstrable steps towards prosecution of the suit within 30 days from the date of delivery of this ruling.
- If Plaintiffs fail, the court may review the order of dismissal of the application herein.
Remedies
- Award of costs of the application to the Defendant, assessed at KShs.15,000/00.
- Defendant may execute for the same forthwith.
Authorities cited
Cases cited (1)
- BHANDARI CONSTRUCTION COMPANY vs STANDARD JOINERY & BUILDING COMPANY [1983] KLR 111
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