Alpine Coolers Limited v East African Portland Cement Company Limited (Civil Suit 2148 of 2019) [2023] KEMC 124 (KLR) (16 May 2023) (Ruling)
- Court
- Magistrate's Courts
- Case number
- 124
- Citation
- [2023] KEMC 124 (KLR)
- Decided
- 16 May 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for dismissal of suit for want of prosecutionCoramJP Aduke, SRM
Holding
The application is allowed, and the suit is dismissed for want of prosecution.
Facts
The suit was instituted on 02nd April 2019, and there was no activity on the file until 09th July 2019. The case was dormant for more than 2 years.
Issues
- Whether the delay in prosecuting the suit is inordinate and prolonged
- Whether there is an explanation for the delay
- Whether the applicant stands to suffer prejudice due to the delay
Reasoning
The delay in prosecuting the suit is prolonged and the explanation provided by the plaintiff is insufficient. Courts were operating during the pandemic period, and the plaintiff is not desirous of prosecuting the suit.
Outcome
The application is allowed, and the suit is dismissed.
Orders
- The suit is dismissed for want of prosecution.
- Costs to the applicant.
Authorities cited
Cases cited (1)
- Ecobank Ghana Limited vs Triton Petroleum Co Ltd and others eKLR[2018]
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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