Jaribu Credit Traders Ltd v Mumias Sugar Company Ltd [2013] KEHC 6675 (KLR)
- Court
- High Court of Kenya
- Case number
- 6675
- Citation
- [2013] KEHC 6675 (KLR)
- Decided
- 3 October 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for dismissal for want of prosecutionCoramG.K. KIMONDO
Holding
The plaintiff's suit is dismissed with costs to the defendant
Facts
The plaintiff filed a commercial suit on July 1, 2009, and the defendant filed its statement of defence on August 19, 2009. The suit was last heard on June 23, 2011, for a motion for summary judgment, which the plaintiff withdrew.
Issues
- Whether the plaintiff has lost interest in prosecuting the suit
- Whether the defendant's motion for dismissal is well anchored on Order 17 rule 2(3)
Reasoning
The plaintiff has not taken any serious steps to set the matter for hearing since June 23, 2011, and the delay is prolonged and inexcusable.
Outcome
Dismissal of the plaintiff's suit
Authorities cited
Legislation (2)
- Civil Procedure Rules 2010
- Civil Procedure Act
Cases cited (5)
- Ivita vs Kyumbu
- Fitzpatrick vs Batger & Co. Ltd
- Mukisa Biscuit Manufacturing Company vs West End Distributors Ltd
- Mugo Njogu vs Mary Githinji
- Nilam Doshi vs Credit Agricole Indosuez Limited
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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