ABDALLA TAIRARA GODORO v CITY COUNCIL OF NAIROBI [2008] KEHC 207 (KLR)
- Court
- High Court of Kenya
- Case number
- 207
- Citation
- [2008] KEHC 207 (KLR)
- Decided
- 25 June 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for dismissal of suit for want of prosecutionCoramR.N. SITATI
Holding
The plaintiff's suit is dismissed for want of prosecution with costs to the defendant.
Facts
The plaintiff filed a suit on August 5, 2005, and obtained interim injunctive orders. However, the plaintiff has not taken any action to set down the suit for hearing since November 24, 2005.
Issues
- Whether the plaintiff has lost interest in the suit
- Whether the application should be made by motion
Reasoning
The court found that the plaintiff has lost interest in the suit and the application for injunctive orders. The plaintiff did not take any action to set down the suit for hearing, and the defendant/applicant has made efforts to set it down.
Outcome
Dismissal of the plaintiff's suit for want of prosecution
Orders
- Dismissal of the plaintiff's suit for want of prosecution
- Dismissal of the plaintiff's application for injunctive orders
Remedies
- Costs to the defendant
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
Cases cited (1)
- Mukisa Biscuit Manufacturing Co. Ltd. -vs- West End Distributors Ltd [1969] Ea 696
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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