Lenana Mount Hotel Limited v Kenya Airways Limited (Civil Suit 636 of 2006) [2018] KEHC 1396 (KLR) (Civ) (29 November 2018) (Ruling)
- Court
- High Court of Kenya
- Case number
- 1396
- Citation
- [2018] KEHC 1396 (KLR)
- Decided
- 29 November 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a dismissal for want of prosecutionCoramMARY KASANGO
Holding
The court gives the plaintiff 7 days to decide whether to proceed without the missing documents or to fix the case.
Facts
The plaintiff filed a civil suit against Kenya Airways Limited on 21st November 2006. The suit was dismissed for want of prosecution on 9th November 2018 due to the plaintiff's inability to provide necessary documents due to the loss of its former advocate's files.
Issues
- Whether the plaintiff should be given an extension to provide the missing documents
- Whether the case should be dismissed for want of prosecution
Reasoning
The court acknowledges the plaintiff's difficulties but notes that the former advocate did not have the documents, and the case cannot continue indefinitely.
Outcome
The case is dismissed for want of prosecution if the plaintiff does not provide the missing documents within 7 days.
Orders
- Give the plaintiff 7 days to decide whether to proceed without the missing documents or to fix the case
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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