Samura Engineering Limited v Nairobi City Water and Sewerage Company Limited [2019] KEHC 11972 (KLR)
- Court
- High Court of Kenya
- Case number
- 11972
- Citation
- [2019] KEHC 11972 (KLR)
- Decided
- 12 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant seeks to dismiss the Plaintiff's suit for want of prosecution.CoramJ. KAMAU
Holding
The Defendant's application to dismiss the Plaintiff's suit for want of prosecution is dismissed.
Facts
The Plaintiff was issued with an injunctive order on 2nd March 2017, but did not prosecute the suit. The Defendant fixed a mention date and served Summons to enter appearance.
Issues
- Whether the Plaintiff's suit should be dismissed for want of prosecution.
- Whether the Defendant suffered prejudice due to the delay.
Reasoning
The court found that there was inordinate and inexcusable delay in prosecuting the suit, but it did not prejudice the Defendant. The Plaintiff was entitled to an opportunity to prosecute its case.
Outcome
The Defendant's application is dismissed.
Orders
- The matter is mentioned before the Deputy Registrar High Court Milimani Law Courts Civil Division on 21st November 2019 for Pre-Trial Conference.
Authorities cited
Legislation (2)
- Civil Procedure Act Chapter 21 Laws of Kenya
- Civil Procedure Rules 2010
Cases cited (5)
- Nilesh Premchand Mulji Shah & Another t/a Ketan Emporium vs M.D. Popat & Others [2016] eKLR
- Charterhouse Bank Ltd & Another vs Nation Media Group & Another [2019] eKLR
- Moses Mwangi Kimari vs Shammi Kanjirapparambil Thomas & 2 Others [2014] eKLR
- Ngwambu Ivita vs Aklon Mutua Kyumbu HCCC No 340 of 1971
- Agip Kenya Ltd vs Highlands Tyres Ltd HCCC No 249 of 1997
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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