Annet Nalugwa v Madison Insurance Company Kenya Limited & another [2021] KEHC 879 (KLR)
- Court
- High Court of Kenya
- Case number
- 879
- Citation
- [2021] KEHC 879 (KLR)
- Decided
- 17 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for dismissal of suit for want of prosecutionCoramJ. K. SERGON
Holding
The motion for dismissal of the suit for want of prosecution is dismissed with costs.
Facts
The plaintiff filed a suit against the defendant for breach of contract, seeking various reliefs. The defendant filed a notice of motion for dismissal due to lack of prosecution.
Issues
- Whether there has been inordinate delay in the prosecution of the suit by the plaintiff
- Whether the delay is intentional and thus inexcusable
- Whether the plaintiff has offered a reasonable explanation for the delay
- Whether the delay is an abuse of the court process
- Whether the delay prejudices the defendant(s)
- The prejudice that will be visited upon the plaintiff
- Whether justice can still be done notwithstanding the delay
Reasoning
The court found no inordinate delay and that the plaintiff has offered a reasonable explanation for the delay. The court concluded that justice can still be done notwithstanding the delay.
Outcome
The motion for dismissal is dismissed.
Orders
- The motion for dismissal is dismissed with costs
Authorities cited
Legislation (1)
- Civil Procedure Rules, Order 17, Rule 2
Cases cited (3)
- Moses Mwangi Kimari v Shammi Kanjirapparambil Thomas & 2 others [2014] eKLR
- Mwangi S. Kimenyi v Attorney General & another [2014] eKLR
- Ivita v Kyumbu [1984] KLR 441
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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