Ruga Distributors Limited v Nairobi Bottlers Limited [2015] KEHC 214 (KLR)
- Court
- High Court of Kenya
- Case number
- 214
- Citation
- [2015] KEHC 214 (KLR)
The court dismissed the application to dismiss the suit for want of prosecution and did not strike out the suit.
Facts
The plaintiff, Ruga Distributors Ltd, filed a suit against the defendant, Nairobi Bottlers Ltd, in 2011. Since then, no significant steps have been taken by the plaintiff to set the suit for hearing. The defendant argues that this constitutes inordinate and inexcusable delay and that the suit is frivolous, vexatious, and an abuse of the court's process.
Issues
- Whether the applicant has satisfied the court that this suit ought to be dismissed for want of prosecution.
- Whether the suit should be struck out under Order 2 Rule 15 of the Civil Procedure Rules.
Reasoning
The court found that the plaintiff had not been negligent in the prosecution of the suit and that the delay was not inordinate or unreasonable. The court also found that the suit was not frivolous, vexatious, or an abuse of the court's process.
Outcome
The application was dismissed.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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