Mohansons (K) Ltd v Cannon Holdings Ltd [2020] KEHC 2854 (KLR)
- Court
- High Court of Kenya
- Case number
- 2854
- Citation
- [2020] KEHC 2854 (KLR)
- Decided
- 23 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeWinding UpPostureApplication for dismissal of suit for want of prosecutionCoramHounarable Court
Holding
The suit is dismissed for want of prosecution as the Petitioner has not taken any steps for over ten years.
Facts
The suit was filed on 15th August, 2003 and has not been heard in substance. The last substantive hearing was on 26th March, 2004.
Issues
- Whether the Petitioner has satisfied the statutory threshold of one year delay.
- Whether there has been inordinate and inexcusable delay by the Petitioner.
- Whether the Respondent would be prejudiced by proceeding with the suit despite the delay.
Reasoning
The court considers whether the delay is prolonged and inexcusable, and whether it would cause grave injustice to the Respondent. The court finds that the delay is inordinate and inexcusable, and that the Respondent would be prejudiced by proceeding with the suit.
Outcome
The suit is dismissed with costs.
Orders
- The suit is dismissed.
- The costs of the application are provided for.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules, 2010
Cases cited (2)
- Ivita vs Kyumbu (1984) KLR 441
- Mwangi S. Kimenyi vs Attorney General & Another (Civil Suit Misc. No. 720 of 2009)
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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