Lunjalu Joram Okotsi v Vice Chancellor University of Nairobi & another [2018] KEHC 5802 (KLR)
- Court
- High Court of Kenya
- Case number
- 5802
- Citation
- [2018] KEHC 5802 (KLR)
- Decided
- 28 June 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a dismissal for want of prosecutionCoramL. NJUGUNA
Holding
The Plaintiff's delay is explained and he is granted an opportunity to prosecute the case within 120 days
Facts
The Plaintiff filed a suit against the Defendants in 2008. The Defendants were not ready to proceed in 2016, and the file was missing. The Plaintiff filed a replying affidavit explaining the delay and requesting an opportunity to prosecute the case.
Issues
- Whether the Plaintiff's delay in prosecuting the suit is prolonged and inexcusable
- Whether justice can be done despite the delay
Reasoning
The court found that the Plaintiff satisfactorily explained the delay and that justice can be done despite the delay, thus granting the Plaintiff an opportunity to prosecute the case.
Outcome
The suit is dismissed if the Plaintiff does not prosecute it within 120 days from the date of this ruling
Orders
- The Plaintiff must prosecute the suit within 120 days from the date of this ruling
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
Cases cited (1)
- Ivita -v- Kyumbu (1984) KLR 441
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.
Loading judgment…