Nyoro Construction Company Limited v Prashanth Projects Limited & another [2020] KEHC 5694 (KLR)
- Court
- High Court of Kenya
- Case number
- 5694
- Citation
- [2020] KEHC 5694 (KLR)
- Decided
- 13 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePlaintiff's motion to dismiss for want of prosecutionCoramF. TUIYOTT
Holding
The delay is inordinate and not sufficiently explained, but the suit survives with conditions.
Facts
The Plaintiff filed a suit against the Defendants in March 2015. The last action taken in the matter was a ruling dismissing the Plaintiff's application for injunction on December 4, 2015. The Plaintiff then filed a Civil Application No. 106/2016 in the Court of Appeal, which was dismissed on January 17, 2018.
Issues
- Whether the Plaintiff's suit should be dismissed for want of prosecution
- Whether the delay in the Court of Appeal matter affected the progress of the suit
Reasoning
The Court finds the delay inordinate and not sufficiently explained, but the Defendants have not shown that the delay has prejudiced them. The Plaintiff is given an opportunity to prosecute the case with conditions.
Outcome
The suit survives with conditions.
Orders
- The Plaintiff will meet the Defendants' costs of the Notice to Show Cause proceedings
- The Plaintiff shall take steps towards the hearing within 60 days or the suit shall stand dismissed
Remedies
- The Plaintiff will meet the Defendants' costs of the Notice to Show Cause proceedings
- The Plaintiff shall take steps towards the hearing within 60 days or the suit shall stand dismissed
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
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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