East African Excavation Co. Ltd v Nutech System & Trading Co. Ltd [2021] KEHC 9270 (KLR)
- Court
- High Court of Kenya
- Case number
- 9270
- Citation
- [2021] KEHC 9270 (KLR)
- Decided
- 4 February 2021
The court dismissed the application for a stay of execution of the dismissed decree and the reinstatement application.
Facts
The plaintiff filed a civil suit against the defendant in 2011 seeking unspecified relief. The suit was dismissed for want of prosecution in 2016. The plaintiff then filed an application to reinstate the suit, which was dismissed by the trial magistrate. The plaintiff subsequently filed an appeal and a motion for a stay of execution of the dismissed decree.
Issues
- Whether the court should grant a stay of execution of the dismissed decree pending the hearing of the appeal.
- Whether the court should grant a stay of the reinstatement application pending the hearing of the appeal.
Reasoning
The court found that the plaintiff was a slothful plaintiff who did not take critical steps to prosecute his claim for 9 years. The court also noted that the plaintiff had not demonstrated a substantial prejudice if the suit was not reinstated.
Outcome
Appeal dismissed
Orders
- Order to stay execution of the dismissed decree pending the hearing of the appeal.
- Order to stay the reinstatement application pending the hearing of the appeal.
Authorities cited
Legislation (1)
- Civil Procedure Act
Cases cited (2)
- Chris Munga N. Bichage -Versus- Richard Nyagaka Tongi & 2 others [2013] eKLR
- Kenya Commercial Bank -Versus- Sun City Properties Ltd & 5 Others [2012] eKLR
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