Laffey Construction Co. Ltd v Prism Investiments Ltd [2017] KEHC 58 (KLR)
- Court
- High Court of Kenya
- Case number
- 58
- Citation
- [2017] KEHC 58 (KLR)
- Decided
- 26 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for dismissal of suit for want of prosecutionCoramGRACE L. NZIOKA
Holding
The suit should be allowed to proceed as the Plaintiff has an opportunity to prosecute its claim.
Facts
The Plaintiff filed a suit on 27th March 2015 seeking various reliefs against the Defendant. An interim injunction order was issued on 18th August 2016. Since then, the Plaintiff has not taken any steps to prosecute the suit.
Issues
- Whether the suit should be dismissed for want of prosecution
- Whether the delay is intentional, contumelious, and inexcusable
Reasoning
The court considered the delay and found that it was not intentional or contumelious, and that the Plaintiff has an opportunity to prosecute its claim.
Outcome
The suit is allowed to proceed.
Orders
- The Plaintiff to comply with pre-trial directions within 2 weeks
- If the Defendant does not comply, they should also comply within the same period
- Case Management Conference to be conducted before the Hon. Deputy Registrar
- Default case automatically dismissed with costs after 2 weeks
- Kshs20,000.00 awarded to the Defendant as thrown away costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules, 2010
Cases cited (3)
- Birket vs James (1978) A.C 297
- Mwangi S. Kimenyi vs A.G & Another [2014] eKLR
- Fitspatrick vs Batger & Co. Ltd (1967) 1 All ER 657
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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