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DONALD KAMURU KIBERA v LONHRO MOTOR (E.A.) LTD & another [2008] KEHC 282 (KLR)

[2008] KEHC 282 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
282
Citation
[2008] KEHC 282 (KLR)
Decided
11 July 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.

Facts

The plaintiff filed a suit against the defendants on April 14, 2000, and the defendants filed their defence on July 31, 2000. The plaintiff took no further action to have the suit heard until February 28, 2008, when the defendants/applicants applied to dismiss the suit.

Issues

  1. Whether the plaintiff has lost interest in prosecuting the suit
  2. Whether the defendants/applicants are entitled to costs

Reasoning

The court found that the plaintiff has lost interest in the case and that his counsel failed to appear for the hearing of the application.

Outcome

The plaintiff’s suit is dismissed.

Orders

  • The plaintiff’s suit is dismissed for want of prosecution.
  • The costs of the application and the entire suit shall be paid by the plaintiff to the defendants.
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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