Amcon Builders Ltd v Vintage Investment Ltd & another [2016] KEHC 2580 (KLR)
- Court
- High Court of Kenya
- Case number
- 2580
- Citation
- [2016] KEHC 2580 (KLR)
- Decided
- 14 October 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to dismiss the suit for want of prosecution and to order reconstruction of court fileCoramP.J.O. OTIENO
Holding
The court file should be reconstructed, and the suit should not be dismissed for want of prosecution.
Facts
The court file has been missing since 2011, and the matter was referred to arbitration with a final award made in 2003.
Issues
- Whether the suit should be dismissed for want of prosecution
- Whether the court file should be reconstructed
Reasoning
The court file has been reconstructed, and the matter was referred to arbitration with a final award. The court should give the parties a chance to adopt the award.
Outcome
The suit should not be dismissed for want of prosecution, and the plaintiff is directed to file an application within 45 days.
Orders
- Court file to be reconstructed using documents provided by the parties
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.
Loading judgment…