SOLOMON KIRAGU THANDE v CO-OPERATIVE MERCHANT BANK LIMITED & ANOTHER [2007] KEHC 1986 (KLR)
- Court
- High Court of Kenya
- Case number
- 1986
- Citation
- [2007] KEHC 1986 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for dismissal of suit for want of prosecutionCoramH. P. G. WAWERU
Holding
The Plaintiff's suit is dismissed with costs to the Defendants for want of prosecution.
Facts
The Plaintiff's suit was last heard on 15th December, 2004. The Plaintiff did not set the suit down for hearing and failed to pay court adjournment fees ordered on 15th December, 2004.
Issues
- Whether the Plaintiff has failed to prosecute the suit for want of prosecution.
- Whether the Plaintiff has lost interest in the suit.
Reasoning
The Plaintiff did not file any papers to the application and has not taken any step since 15th December 2004 to set down the suit for hearing. The delay is prolonged and inexcusable.
Outcome
Dismissal of the Plaintiff's suit
Orders
- The Plaintiff's suit be and is hereby dismissed with costs to the Defendants for want of prosecution.
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…