Kijata Enterprises Ltd v Kenya Power & Lighting Co.Ltd (Civil Case 72 of 2002) [2012] KEHC 1261 (KLR) (1 November 2012)
- Court
- High Court of Kenya
- Case number
- 1261
- Citation
- [2012] KEHC 1261 (KLR)
- Decided
- 1 November 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for dismissal of suit for want of prosecutionCoramJ. A. Makaau
Holding
The court dismissed the suit for want of prosecution due to prolonged and inexcusable delay, and awarded costs to the defendant.
Facts
The plaintiff filed a suit against the defendant seeking damages for breach of contract and other losses due to power supply interruptions. The suit was dismissed for want of prosecution, but later reinstated. The plaintiff did not take any steps to set the suit down for hearing after reinstatement.
Issues
- Whether the defendant has met the test applied by courts in an application for the dismissal of suit for want of prosecution.
- Whether the delay is prolonged and inexcusable and if it is whether justice can be done despite the delay.
Reasoning
The delay of 10 years since filing the suit is prolonged and inexcusable. The plaintiff did not demonstrate a sufficient excuse for the delay, and the defendant was prejudiced by the delay.
Outcome
The suit is dismissed for want of prosecution.
Orders
- The suit is dismissed for want of prosecution.
- The defendant is awarded costs of the suit.
Authorities cited
Cases cited (1)
- IVITA v KYUMBU (1984) KLR 440
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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