RICHARD KIPSANG KOECH v PROF. J.O. NYABUNDI & 2 Others [2011] KEHC 3408 (KLR)
- Court
- High Court of Kenya
- Case number
- 3408
- Citation
- [2011] KEHC 3408 (KLR)
- Decided
- 7 March 2011
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for dismissal of suit for want of prosecutionCoramG B M KARIUKI, SC
Holding
The Court declines to dismiss the suit for want of prosecution and allows the suit to proceed to full hearing.
Facts
The Plaintiff initiated a libel action against the Defendants in 2005. The suit was adjourned multiple times due to various applications and delays. The Defendants applied for dismissal of the suit for want of prosecution in 2010.
Issues
- Whether the delay in prosecuting the suit is inordinate or inexcusable
- Whether justice can still be done despite the delay
Reasoning
The Court finds the delay not inordinate or inexcusable and exercises its discretion in favour of allowing the suit to proceed.
Outcome
The application for dismissal of the suit for want of prosecution is dismissed.
Orders
- The suit is allowed to proceed to full hearing and be determined on merit
Remedies
- The Plaintiff is condemned to pay costs of the application
Authorities cited
Legislation (1)
- Civil Procedure Rules 2010
Cases cited (1)
- Inter V. Kyumba (1984) KCR 441
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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