RICHARD WABWILE KHISA & 2 OTHERS v BEN BARNGATUNY & 2 OTHERS [2007] KEHC 784 (KLR)
- Court
- High Court of Kenya
- Case number
- 784
- Citation
- [2007] KEHC 784 (KLR)
- Decided
- 18 June 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for dismissal of suit for want of prosecutionCoramFRED A. OCHIENG
Holding
The suit is dismissed for want of prosecution
Facts
The plaintiffs filed a plaint on 24th March, 2006, and served the defendants on 1st April, 2006. The 2nd defendant filed his defence on 26th April, 2006, and the 1st defendant's defence on 22nd May, 2006. The 3rd defendant did not file a defence. The plaintiffs failed to take any steps to prosecute the suit for one year.
Issues
- Whether the plaintiffs have failed to prosecute the suit for want of prosecution
- Whether the plaintiffs have lost interest in the case
Reasoning
The plaintiffs have failed to offer any explanation for their failure to take any steps to prosecute the suit for the last one year, and their lawyers accused them of failing to communicate with them.
Outcome
Dismissal of the suit
Orders
- The plaintiffs are ordered to pay the costs of the application and the suit
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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