PRUDENTIAL BUILDING SOCIETY (IN LIQUIDATION) v SIGAL INVESTMENTS LIMITED & 7 others [2012] KEHC 5349 (KLR)
- Court
- High Court of Kenya
- Case number
- 5349
- Citation
- [2012] KEHC 5349 (KLR)
- Decided
- 20 January 2012
The court dismisses the plaintiff's suit against the 1st, 3rd, and 5th defendants due to inordinate delay in taking out summonses to enter appearance and in taking any concrete step to prosecute the suit.
Facts
The plaintiff, Prudential Building Society, filed a civil suit against several defendants for breach of trust and failure of fiduciary duty. The defendants filed a motion to dismiss for want of prosecution, claiming the plaintiff had not taken steps to prosecute the matter. The plaintiff contested the motion, stating they had taken steps to prosecute the suit.
Issues
- Whether the plaintiff has taken steps to prosecute the suit
- Whether the delay in serving summons and prosecuting the suit is inordinate and inexcusable
Reasoning
The court found that the summons to enter appearance have never been served and have expired. The plaintiff's suit has not been fixed for hearing since the ruling of court of 1st April 2010. The delay is inexcusable and the court dismisses the suit.
Outcome
The plaintiff's suit against the 1st, 3rd, and 5th defendants is dismissed.
Orders
- The plaintiff's suit against the 1st, 3rd, and 5th defendants is dismissed.
Authorities cited
Cases cited (4)
- Mugo Njogu Vs Mary Githinji [2010] e KLR
- Mukisa Biscuit Manufacturing Company Vs West End Distributors [1969] E.A. 696
- Ivita Vs Kyumbu [1984] KLR 441
- Allen Vs MC Alpine & Sons [1968] ALL E.R 543
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