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Saum Suraj v Network Support Services (Sudan) Ltd [2015] KEHC 5242 (KLR)

[2015] KEHC 5242 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5242
Citation
[2015] KEHC 5242 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant's Motion to Strike Out for Want of ProsecutionCoramJ. K. SERGON
Holding

The suit is dismissed for want of prosecution with costs to the Defendant

Facts

The case was last in court on 18th May, 2010, and the Defendant averred that three years had lapsed without the Plaintiff responding to the application.

Issues

  1. Whether the delay in prosecuting the suit is inordinate and inexcusable
  2. Whether the Defendant's interest is prejudiced by the delay

Reasoning

The court found the delay to be inexcusable and an abuse of the court process, despite the Plaintiff not responding to the application.

Outcome

Dismissal of the suit

Orders

  • The suit is dismissed for want of prosecution

Authorities cited

Cases cited (1)
  • Ivita v. Kyumbu [1984] KLR 441
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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