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RELIABLE FREIGHT SERVICES LTD v MEDITERRANEAN SHIPPING CO. S.A & ANOTHER [2007] KEHC 2154 (KLR)

[2007] KEHC 2154 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2154
Citation
[2007] KEHC 2154 (KLR)
Decided
13 July 2007
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to dismiss suit for want of prosecutionCoramD.K. MARAGA
Holding

The application has no merit and is dismissed with costs.

Facts

The plaintiff, Reliable Freight Services Ltd, filed a suit against the defendants, Mediterranean Shipping Co. S.A. and Kenya Ports Authority. The case had last been heard on June 9, 2004, and the plaintiff has not fixed it for hearing since.

Issues

  1. Whether the plaintiff has gone to sleep
  2. Whether the defendants' argument about the plaintiff not fixing the case for hearing has merit

Reasoning

The judge is satisfied that the plaintiff has not gone to sleep and has made eight unsuccessful attempts to fix the case for hearing since June 9, 2004.

Outcome

Application dismissed

Orders

  • Application dismissed with costs
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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