Michael Carnell v Worburn Management Ltd & another [2014] KEHC 6764 (KLR)
- Court
- High Court of Kenya
- Case number
- 6764
- Citation
- [2014] KEHC 6764 (KLR)
- Decided
- 28 February 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for dismissal of suit for want of prosecutionCoramO. A. Angote
Holding
The delay is excusable and the suit should be allowed to proceed.
Facts
The Plaintiff did not prosecute the suit expeditiously since its last appearance in court on 8 June 2012. The Plaintiff fixed the matter for hearing only after being served with the current application.
Issues
- Whether the delay in prosecuting the suit is inordinate and inexcusable
- Whether the Defendant will be prejudiced by the delay
Reasoning
The court has discretion to grant an Application for dismissal of a suit for want of prosecution, but the delay must be prolonged and inexcusable, and the defendant must show prejudice. The Plaintiff's delay was plausible and the Defendant has not shown prejudice.
Outcome
Application dismissed
Orders
- Suit fixed for hearing and prosecuted within 90 days from the date of this Ruling
- Each party shall bear its own costs
Remedies
- Injunction to restrain the Defendant from collecting the excess service charge pending the appointment of an independent auditor
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (2)
- Allen Vs Sir Alfred Mcelpine & Sons (1968) I ALLER 543
- Ngwambu Ivita Vs Akton Mutua Kyumbu HCCC No. 340 of 1971
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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