Esposito Franco v Caroline Jepkemoi Waiyaki & another [2013] KEHC 6730 (KLR)
- Court
- High Court of Kenya
- Case number
- 6730
- Citation
- [2013] KEHC 6730 (KLR)
- Decided
- 27 September 2013
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for dismissal of suit for want of prosecutionCoramH. P. G. WAWERU
Holding
The application for dismissal of the suit is refused with costs.
Facts
The Plaintiff filed a suit against the Defendants (a firm of advocates) for professional negligence in connection with Malindi HC Election Petition No. 1 of 2008. The suit seeks general and special damages, costs, and interest. The Defendants have counterclaimed the sum of KShs 550,000/00 plus interest.
Issues
- Whether there has been inordinate delay in prosecution of the suit
- Whether a fair trial of the action will no longer be possible once the issue of costs in the election petition is settled
Reasoning
The issue of costs in the election petition must be settled first so that the Plaintiff can know the extent of his special claim against the Defendants in this suit. The Plaintiff is actively pursuing this issue.
Outcome
Application refused
Orders
- Application for dismissal of the suit is refused with costs
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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