THEODORE OTIENO KAMBOGO v NORWEGIAN PEOPLES AID [2007] KEHC 296 (KLR)
- Court
- High Court of Kenya
- Case number
- 296
- Citation
- [2007] KEHC 296 (KLR)
- Decided
- 2 March 2007
The Plaintiff's delay is excusable as it was caused by his efforts to resolve issues with his former advocates. The court refuses to dismiss the suit but conditions the Plaintiff to pay costs and set the suit for hearing within 15 days of the court diary opening.
Facts
The Plaintiff, Theodore Otieno Kambogo, filed a suit against the Defendant, Norwegian Peoples Aid, which was adjourned generally on 8th November 2004. The Plaintiff has not set the suit down for hearing since then, leading to the Defendant's application for dismissal.
Issues
- Whether the Plaintiff's delay in setting the suit for hearing is inordinate and inexcusable.
- Whether the delay has prejudiced the Defendant's case.
Reasoning
The court finds the delay excusable due to the Plaintiff's efforts to resolve issues with his former advocates. The court also notes that the delay has not prejudiced the Defendant's case as other witnesses can be taken by affidavit.
Outcome
Application dismissed with conditions
Orders
- The Plaintiff shall pay KShs. 15,000/00 in costs within 30 days of delivery of this ruling.
- The Plaintiff shall set the suit for hearing within 15 days of the court diary opening for the year 2008.
Remedies
- Compensation for costs and a further opportunity to set the suit for hearing.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Evidence Act
Cases cited (1)
- Ruling of the court on 4th November 2003
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