Agnes Muthoni Mwangi & another v Priscilla Wanjeri Gathoni & 2 others [2016] KEHC 3925 (KLR)
- Court
- High Court of Kenya
- Case number
- 3925
- Citation
- [2016] KEHC 3925 (KLR)
- Decided
- 14 July 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendants' Notice of Motion to dismiss the suit for want of prosecution and costs.CoramL N WAITHAKA
Holding
The court upholds the objection to the undated affidavit and dismisses the application.
Facts
The suit was originally filed in 2012 and amended in 2015. The defendants claim the plaintiffs have failed to prosecute the case and are guilty of laches and inordinate delay.
Issues
- Whether the plaintiffs have failed to prosecute the suit.
- Whether the supporting affidavit to the application is dated as required by law.
Reasoning
The court found the undated affidavit defective and thus strikes out the application.
Outcome
The application to dismiss the suit for want of prosecution and costs is dismissed.
Orders
- Directions for the originating summons will be on 8th November, 2016 in open court.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Oaths and Declarations Act
Cases cited (1)
- Infocard Holdings Limited v Attorney General & 2 others, [2014] eKLR
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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