African Airlines International Ltd v Eastern & Southern African Trade & Development Bank (The PTA Bank) [2017] KEHC 5452 (KLR)
- Court
- High Court of Kenya
- Case number
- 5452
- Citation
- [2017] KEHC 5452 (KLR)
- Decided
- 4 May 2017
The Application dated 24th August 2015 is dismissed but with no order as to costs due to considerable delay in prosecution. The Application of 5th August 2014 is allowed with the Plaintiff filing and serving a further Amended Plaint within 14 days.
Facts
The Plaintiff filed an Application for Leave to Re-Amend the Amended Plaint on 5th August 2014, but was unable to lodge it due to the inactivity of the file since 29th April 2013. The Plaintiff filed a further Application on 24th August 2015.
Issues
- Whether the Plaintiff's delay in prosecuting the suit is inordinate and inexcusable
- Whether the Defendant's application to dismiss the suit for want of prosecution should be granted
Reasoning
The court considered the principles set out by Cheson J. in Ivita vs. Kyumbu, stating that the test for dismissing a suit for want of prosecution is whether the delay is prolonged and inexcusable.
Outcome
The Plaintiff's Application of 5th August 2014 is allowed, and the Defendant's Application of 24th August 2015 is dismissed.
Orders
- The Plaintiff shall file and serve a further Amended Plaint within 14 days
- The Defendant shall have 14 days to amend its Pleadings
Remedies
- The Plaintiff's Application of 5th August 2014 is allowed
- The Defendant's Application of 24th August 2015 is dismissed
Authorities cited
Cases cited (1)
- Ivita vs. Kyumbu (1984) 441
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