Zipporah Waceke Mukui v Daniel Kimata Githuthwa [2018] KEHC 7408 (KLR)
- Court
- High Court of Kenya
- Case number
- 7408
- Citation
- [2018] KEHC 7408 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for dismissal of suit for want of prosecutionCoramE.O.OBAGA
Holding
The court finds no inordinate delay and declines to dismiss the suit, directing it to be transferred to Thika Chief Magistrates' Court for hearing on priority basis.
Facts
The Plaintiff filed a suit on November 11, 2011, and the Defendant filed an application for dismissal on May 26, 2017, alleging lack of prosecution. The Plaintiff opposed the application, stating she was unable to prosecute due to health issues.
Issues
- Whether there are grounds for dismissing the suit for want of prosecution
- Whether the delay in prosecution is prolonged and inexcusable
Reasoning
The court considered the application for dismissal and found no inordinate delay. The Plaintiff's excuse for the delay was accepted, and the suit was not dismissed.
Outcome
The suit was not dismissed, and it was transferred to Thika Chief Magistrates' Court.
Orders
- The suit was not dismissed
- The suit was transferred to Thika Chief Magistrates' Court
Authorities cited
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.
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