Nzoia Sugar Company Limited v West Kenya Sugar Limited [2020] KEHC 976 (KLR)
- Court
- High Court of Kenya
- Case number
- 976
- Citation
- [2020] KEHC 976 (KLR)
- Decided
- 18 December 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication to dismiss the suit for want of prosecution
Holding
The court dismisses the application to dismiss the suit for want of prosecution.
Facts
The suit was filed in August 2017, and the defendant seeks dismissal due to the plaintiff's inaction for three years.
Issues
- whether the delay is inordinate and inexcusable
- whether the defendant will be prejudiced by the delay
- whether a fair trial cannot be achieved due to the delay
Reasoning
The court considers whether the delay is inordinate and inexcusable, and whether the defendant will be prejudiced by the delay. The court finds the delay to be inordinate and inexcusable, but not prejudicial to the defendant.
Outcome
The application to dismiss the suit for want of prosecution is dismissed.
Authorities cited
Legislation (1)
- Civil Procedure Rules, Order 17 Rule 2
Cases cited (3)
- Nilesh Premchand Mulji Shah & Another t/a Ketan Emporium vs. MD Popat and others & another [2016] eKLR
- Mwangi S. Kimenyi vs. Attorney General and Another, (2004) eKLR
- Ecobank Ghana Limited vs. Triton Petroleum Co Limited & 5 Others [2018] eKLR
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.
Loading judgment…