ALHAJI MOHAMMED OMAR MASUMBUKO & ANOTHER V SAM AOLA OOKO & 3 OTHERS [2012] KEHC 1050 (KLR)
- Court
- High Court of Kenya
- Case number
- 1050
- Citation
- [2012] KEHC 1050 (KLR)
- Decided
- 30 October 2012
The application to dismiss the suit for want of prosecution is dismissed. The parties are ordered to file witness statements, bundles of paginated documents, and issues ready for trial within 30 days.
Facts
The plaintiffs, Freight Forwarders Ltd, filed a suit against the defendants, including Kenya Broadcasting Corporation, alleging non-compliance with section 46 of the Kenya Broadcasting Corporation Act and lack of prosecution. The 4th defendant, Kenya Broadcasting Corporation, sought to dismiss the suit, strike it out for want of prosecution, and claim costs.
Issues
- whether the suit should be dismissed for want of prosecution
- whether the plaintiffs complied with section 46 of the Kenya Broadcasting Corporation Act
Reasoning
The court found that the plaintiffs had not delayed the prosecution of the suit and that the 4th defendant's advocate was not present at the court on 16th September, 2010. The court also noted that the plaintiffs had provided copies of letters dated 4th and 8th February, 2001 addressed to the 4th defendant's managing director before the suit was filed.
Outcome
The application to dismiss the suit for want of prosecution is dismissed.
Orders
- each side will bear its own costs
- parties have thirty (30) days to file/serve witness statements, bundles of paginated documents and issues ready for trial
Authorities cited
Legislation (4)
- Kenya Broadcasting Corporation Act (Cap. 221)
- Civil Procedure Act
- Order 17 rule 2 of Civil Procedure Rules
- Order 51 rule 1 of Civil Procedure Rules
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