KALIMA BAKERY LTD v KENYA POWER & LIGHTING CO. LTD [2006] KEHC 646 (KLR)
- Court
- High Court of Kenya
- Case number
- 646
- Citation
- [2006] KEHC 646 (KLR)
- Decided
- 15 December 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks dismissal of the suit for want of prosecution.CoramO.K. MUTUNGI
Holding
The suit is dismissed for want of prosecution.
Facts
The suit was filed on 30/10/2000 and the Memorandum of Appearance and counter-claim filed on 4/12/2000. The Defendant/Applicant contends that the delay is not only inordinate, but unexplained.
Issues
- whether the delay in setting down the suit for hearing is inordinate and unexplained
- whether the Defendant has shown efforts to settle the issues for trial
Reasoning
The delay is inordinate and unexplained, and the Plaintiff has failed to take the necessary steps to have the suit set down for hearing.
Outcome
Defendant's application for dismissal of the suit is granted.
Orders
- dismissal of the suit
- Order that the Plaintiff/Respondent do pay the costs of both this application and the suit herein.
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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