Commercial Spares Limited v Al Nakhil Enterprises Limited & another [2014] KEHC 3481 (KLR)
- Court
- High Court of Kenya
- Case number
- 3481
- Citation
- [2014] KEHC 3481 (KLR)
- Decided
- 25 July 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to dismiss suit for want of prosecutionCoramE. K. O. OGOLA
Holding
The application is allowed and the suit is dismissed with costs to the Defendants.
Facts
The suit was filed on 28th March 2002 and an application for injunction was scheduled for hearing on 20th December 2002. The application was finally listed for hearing on 30th July 2003 but did not take place. Since then, the Plaintiff has not set down the application for hearing.
Issues
- Whether the suit should be dismissed for want of prosecution
Reasoning
The court has the discretion to dismiss a suit for want of prosecution under Order 17 Rule 2. The Defendant has a right to bring this application and the application is merited.
Outcome
Dismissed
Orders
- The suit is dismissed with costs to the Defendants
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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