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Kenusa Interlink Services & another v Mitsui OSK Lines Ltd & another [2012] KEHC 2447 (KLR)

[2012] KEHC 2447 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2447
Citation
[2012] KEHC 2447 (KLR)
Decided
31 August 2012
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out the suitCoramHon. R.M. Mwongo, R. Mwadime
Holding

The application to strike out the suit is granted

Facts

The suit has been pending for 16 years, and the plaintiffs have failed to prosecute the claim despite being given multiple extensions.

Issues

  1. Neglect or failure to prosecute the claim
  2. Indolence in prosecuting the suit

Reasoning

The court finds there has been notorious and inordinate delay in prosecuting the suit, and the most recent examples of neglect include the plaintiffs' failure to file and serve their list of documents and statements of witnesses within the given time frame.

Outcome

The suit is struck out

Orders

  • The suit is struck out
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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