[2024] KEHC 6452 (KLR)
The court found that the application dated 3rd July 1993 had remained unprosecuted for over 30 years, constituting inordinate delay and laches. In the absence of any steps taken by the applicant to prosecute the matter, and in the interest of efficient case management and finality of litigation, the court exercised...
Source-derived case information.
- Citation
- [2024] KEHC 6452 (KLR)
- Parties
- Applicant: Rabach Shoe Co Ltd; Respondent: Kenya Credit Traders Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 52 of 1991
- Procedural Posture
- Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
- Outcome
- Application dismissed for want of prosecution; file closed for archiving.
- Judges
- RE Aburili
- Legal Topics
- Dismissal for Want of Prosecution, Transfer of Suit, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rabach Shoe Co Ltd
Applicant
Kenya Credit Traders Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the application dated 3rd July 1993 should be dismissed for want of prosecution.
- 2 Whether the file should be closed and archived due to inaction.
Ratio Decidendi
The court found that the application dated 3rd July 1993 had remained unprosecuted for over 30 years, constituting inordinate delay and laches. In the absence of any steps taken by the applicant to prosecute the matter, and in the interest of efficient case management and finality of litigation, the court exercised its inherent powers to dismiss the application for want of prosecution and ordered the closure and archiving of the file.
Court Disposition
Application dismissed for want of prosecution; file closed for archiving.
Orders
- The application dated 3rd July 1993 is dismissed for want of prosecution.
- This file is closed for archiving.
Full Case Text
Judgment text and source record
20 paragraphs
Rabach Shoe Co Ltd v Kenya Credit Traders Ltd (Miscellaneous Civil Application 52 of 1991) [2024] KEHC 6452 (KLR) (31 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6452 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 52 of 1991
RE Aburili, J
May 31, 2024
Between
Rabach Shoe Co Ltd
Applicant
and
Kenya Credit Traders Ltd
Respondent
Ruling
1. This suit was initiated by way of an application dated 3rd July 1993, over 30 years ago, to have Kisumu CMCC No. 935 of 1990 transferred to the High Court for hearing and determination.
2. The file has remained open forever. It is before me for closure as the matter was still pending and was only discovered during our case audit.
3. As the application dated 3rd July 1993 has never been prosecuted and for laches, it is hereby dismissed for want of prosecution.
4. This file is closed for archiving.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 31ST DAY OF MAY, 2024R. E. ABURILIJUDGE