Canifa Luka Musigari v Issa Khalid & Duke Nyambuti Gekara [2017] KEHC 2053 (KLR)
- Court
- High Court of Kenya
- Case number
- 2053
- Citation
- [2017] KEHC 2053 (KLR)
- Decided
- 12 October 2017
The court declines to dismiss the suit but directs the expeditious hearing of the substantive suit. The plaintiff shall set down the case for trial within 45 days, failing which the suit shall stand dismissed.
Facts
The plaintiff filed a suit in 2011 claiming damages for an accident involving a motor vehicle. The defendants entered defence and were served with a hearing notice in 2014, but the matter has not proceeded since. The plaintiff filed an application to amend the plaint in 2016, which was dismissed for want of prosecution.
Issues
- Whether the plaintiff's suit should be dismissed for want of prosecution
- Whether the delay in prosecution is inordinate and prejudicial to the defendants
Reasoning
The court finds the delay excusable and directs the expeditious hearing of the suit. The plaintiff has consistently sought to have the case proceed.
Outcome
The suit shall not be dismissed but the plaintiff is directed to set down the case for trial within 45 days.
Orders
- Direct the expeditious hearing of the substantive suit
- Set down the case for trial within 45 days
Remedies
- Costs of the application shall be in the cause
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (5)
- Fitpatrick Vs Batger & Co (1967) ALL ER 657
- Euro Bank Ltd Vs Shah Munge & Partners (2016) eKLR
- Ivita Vs Kyumbu (1984) KLR 441
- Utalii Transport Company Ltd & 3 others Vs NIC Bank Ltd & another 2014 eKLR
- Euro Bank Ltd Vs Shah Munge & Partners 2016 eKLR
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