[2007] KEHC 321 (KLR)
The court found that the plaintiff had not abandoned the suit, as evidenced by eight attempts to fix the case for hearing since the last court date. The court also noted that the defendants had not complied with their own discovery obligations. Therefore, the application for dismissal for want of prosecution lacked...
Source-derived case information.
- Citation
- [2007] KEHC 321 (KLR)
- Parties
- Plaintiff: Reliable Freight Services Ltd; Defendant: Mediterranean Shipping Co. S.A.; Defendant: Kenya Ports Authority
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 594 of 2000
- Procedural Posture
- Civil Suit / Application for Dismissal for Want of Prosecution
- Outcome
- application dismissed with costs
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reliable Freight Services Ltd
Plaintiff
Mediterranean Shipping Co. S.A.
Defendant
Kenya Ports Authority
Defendant
Procedural Posture
Civil Suit / Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 16 Rule 5 of the Civil Procedure Rules.
Ratio Decidendi
The court found that the plaintiff had not abandoned the suit, as evidenced by eight attempts to fix the case for hearing since the last court date. The court also noted that the defendants had not complied with their own discovery obligations. Therefore, the application for dismissal for want of prosecution lacked merit and was dismissed with costs to the plaintiff.
Court Disposition
application dismissed with costs
Orders
- The application for dismissal for want of prosecution is dismissed with costs to the plaintiff.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
HIGH COURT AT MOMBASA
CIVIL SUIT 594 OF 2000
RELIABLE FREIGHT SERVICES LT……………………… PLAINTIFF
- VERSUS-
MEDITERRANEAN SHIPPING CO. S.A. ……...……1ST DEFENDANT
KENYA PORTS AUTHORITY ………………………..2ND DEFENDANT
RULING
This is an application made under Order 16 Rule 5 of the Civil Procedure Rules seeking to dismiss this suit for want of prosecution. The defendants argue that since 9thJune 2004 when this case last came up for hearing the plaintiff has not fixed it for hearing.
The purpose of Order 16 Rule 5 with regard to the dismissal of suits for want of prosecution is to take care of suits filed by plaintiffs who thereafter go to sleep. Having perused the replying affidavit and considered the submissions by counsel for the plaintiff, I am satisfied that the plaintiff in this case has not gone to sleep. Apart from making discovery, which the defendants have not done, he has since 9th June 2004 made eight unsuccessful attempts to fix the case for hearing.
In the circumstances this application has no merit and the same is hereby dismissed with costs.
DATED and delivered this 13th July 2007.
D.K. MARAGA
JUDGE