M’rithara M’ikiome v H. Young & Co(E.A.) Ltd [2014] KEHC 2295 (KLR)
- Court
- High Court of Kenya
- Case number
- 2295
- Citation
- [2014] KEHC 2295 (KLR)
- Decided
- 23 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks dismissal of plaintiff's suit for want of prosecution, plaintiff seeks revival of suitCoramJ. A. Makaau
Holding
Plaintiff's suit has abated and is incompetent, defendant will get costs of application
Facts
Plaintiff filed suit on 11th November, 2010. Plaintiff's counsel filed a replying affidavit claiming delay due to obtaining letters of administration ad litem. Defendant filed application to dismiss suit for want of prosecution.
Issues
- Whether plaintiff's suit should be dismissed for want of prosecution
- Whether plaintiff's application to revive suit should be granted
Reasoning
Suit abated by operation of law before defendant's application. Plaintiff's application to revive suit is incompetent due to lack of sufficient cause.
Outcome
Defendant's application to dismiss suit granted, plaintiff's application to revive suit struck out
Orders
- Defendant's application to dismiss suit granted
- Plaintiff's application to revive suit struck out
Remedies
- Defendant gets costs of application
Authorities cited
Legislation (1)
- Civil Procedure Rules
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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