DAVID KINUTHIA KIMANI v SIGMA FEEDS LIMITED [2007] KEHC 3631 (KLR)

Facts

The plaintiff filed a suit against the defendant alleging that the defendant had begun constructing a dam that encroached onto the plaintiff's land. The plaintiff obtained ex parte orders for an injunction, but did not take further action. The defendant applied to dismiss the suit for want of prosecution.

Issues

1. Whether the suit should be dismissed for want of prosecution
2. Whether the dismissal should be with costs to the defendant

Reasoning

The court found that the plaintiff had not taken any further action after obtaining ex parte orders, which constituted a lack of prosecution. However, the court noted that the rules had changed, and dismissed the suit without requiring the pleading to be closed or a summons for directions to be heard.

Outcome

Dismissal of the suit with costs to the defendant

Authorities cited