Lucy Wambui Maina v Attorney General & 5 others [2019] KEHC 6131 (KLR)
- Court
- High Court of Kenya
- Case number
- 6131
- Citation
- [2019] KEHC 6131 (KLR)
- Decided
- 20 June 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureRespondent's Motion to Dismiss for Want of ProsecutionCoramL. NJUGUNA
Holding
The plaintiff is granted 120 days to prosecute her suit or the case will be dismissed.
Facts
The plaintiff filed a suit for false imprisonment and malicious prosecution. The matter was certified ready for hearing on 16 March 2015 and scheduled for hearing on 28 February 2016, but was taken out of the causelist. The plaintiff was in and out of the country for much of 2017.
Issues
- Whether the suit should be dismissed for want of prosecution
- Whether the plaintiff's counsel's absence was due to lack of documentation
Reasoning
The plaintiff's counsel's absence was due to lack of documentation and the plaintiff had made previous attempts to prosecute the case. The court exercised its discretion in favor of the plaintiff.
Outcome
The plaintiff is granted 120 days to prosecute her suit.
Orders
- Notice to show cause issued on 5 February 2019
Remedies
- 120 days to prosecute the suit
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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