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CALEB KOSITANY & ANOTHER V INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION & ANOTHER [2012] KEHC 478 (KLR)

[2012] KEHC 478 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
478
Citation
[2012] KEHC 478 (KLR)
Decided
5 November 2012
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to dismiss suit for want of prosecutionCoramL. NJAGI, ODUNGA
Holding

The suit is hereby dismissed with costs for want of prosecution. The plaintiffs will also pay the costs of this application.

Facts

The suit was instituted in 2004 and last came to court on 15th October, 2004. Since then, the respondents have never set it down for hearing.

Issues

  1. Want of prosecution
  2. Total apathy towards the prosecution of the case

Reasoning

The court finds that the plaintiffs have amply demonstrated total apathy towards the prosecution of the case and have lost the interest to do so.

Outcome

Dismissed

Orders

  • Suit dismissed with costs for want of prosecution
  • Plaintiffs pay the costs of the application
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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