Nestle Kenya Limited v Eston Cargo Links Limited [2017] KEHC 9867 (KLR)
- Court
- High Court of Kenya
- Case number
- 9867
- Citation
- [2017] KEHC 9867 (KLR)
- Decided
- 23 January 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCosts DismissalPostureApplication for Costs DismissalCoramFRED A. OCHIENG
Holding
The application for costs is dismissed. Each party shall bear its own costs.
Facts
The plaintiff's suit was dismissed on June 17, 2015, for failure to show cause why the suit should not be dismissed for want of prosecution. Neither party attended court, and the court took steps of its own motion. The defendant claims it was never served with a Notice to Show Cause.
Issues
- Whether the defendant should be awarded costs of the suit
- Whether the delay in bringing the application for costs was inordinate
Reasoning
The court dismissed the suit on June 17, 2015, and did not make an order on the issue of costs. The defendant's delay in bringing the application for costs was inordinate, and it failed to offer a sufficient reason to warrant reopening the matter.
Outcome
Application for costs dismissed
Orders
- Application for costs dismissed
- Each party shall bear its own costs
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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