Nakitare v Airtel Kenya Limited (Civil Suit E245 of 2019) [2023] KEHC 2132 (KLR) (Commercial and Tax) (22 March 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2132
- Citation
- [2023] KEHC 2132 (KLR)
- Decided
- 22 March 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureDefendant seeks dismissal of the suit for want of prosecution.CoramA. MABEYA, FCIArb
Holding
The application is dismissed as there is no prejudice shown to the defendant.
Facts
The suit was filed on 13/8/2019, the defence was filed on 13/9/2019, and the reply to defence was filed on 4/10/2019. The matter was never heard after 30/3/2020 due to the pandemic.
Issues
- Whether the suit should be dismissed for want of prosecution.
- Whether the delay in prosecuting the suit has prejudiced the defendant.
Reasoning
The court considers the delay inordinate and caused by the pandemic, but finds no good explanation for the delay. The court dismisses the application but orders the plaintiff to prosecute the suit within 90 days.
Outcome
Application dismissed.
Orders
- Plaintiff to prosecute the suit within 90 days of the date of the ruling.
Authorities cited
Legislation (2)
- Civil Procedure Rules 2010
- Order 17, Rule 2(1)
Cases cited (2)
- Argan Wekesa Okumu vs Dima College Limited & 2 others [2015] eKLR
- Naftali Opondo Onyango vs National Bank of Kenya Ltd [2005] 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.
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