Kennedy Omoro Mosoti v Mohan Galot [2018] KEHC 9302 (KLR)
- Court
- High Court of Kenya
- Case number
- 9302
- Citation
- [2018] KEHC 9302 (KLR)
- Decided
- 28 June 2018
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for dismissal of suit for want of prosecutionCoramB. Thurani Jaden
Holding
The application is dismissed. The suit will be listed for directions within 30 days from the date of this ruling.
Facts
The Plaintiff, Kennedy Omoro Mosoti, has not taken any steps to prosecute his suit for over six years. The Defendant, Mohan Galot, withdrew a part-heard application for dismissal of the suit on 6th February, 2015, after the Plaintiff stated that the court file had gone missing. Despite the court file being traced, the Plaintiff did not take any action.
Issues
- Whether the Plaintiff's delay in prosecuting the suit is inordinate and inexcusable.
- Whether the Defendant will be prejudiced by the delay.
Reasoning
The court found the delay to be inordinate and inexcusable, and the Defendant will be prejudiced by the delay. The court gives the Plaintiff a chance to prosecute his case.
Outcome
Application dismissed
Orders
- The suit to be listed for directions within 30 days from the date of this ruling.
- With costs to the Defendant.
Authorities cited
Legislation (1)
- Civil Procedure Rules, Order 17, Rule 2
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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