Evans Kidero v Standard Group Limited & 4 others [2018] KEHC 993 (KLR)
- Court
- High Court of Kenya
- Case number
- 993
- Citation
- [2018] KEHC 993 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureMotion to dismiss for want of prosecution and discharge of injunction ordersCoramJ. K. SERGON
Holding
The motion to dismiss for want of prosecution and discharge of injunction orders is dismissed. Each party should meet its own costs.
Facts
The plaintiff filed a suit against the 4th and 5th defendants. The 4th and 5th defendants sought to dismiss the suit for want of prosecution and discharge of injunction orders issued on 21st September, 2015.
Issues
- Whether the plaintiff has taken steps to prosecute the suit
- Whether the injunction orders issued on 21st September, 2015 have lapsed by operation of law
Reasoning
The plaintiff has taken steps to have the suit ready for hearing, and the delay in prosecuting the matter is excusable. The defendants have not served the plaintiff with the record of appeal or a notice of withdrawal of the appeal.
Outcome
Motion dismissed
Orders
- Motion to dismiss for want of prosecution and discharge of injunction orders dismissed
Remedies
- Each party should meet 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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