A.O.Basid Limited v Takaful Insurance of Africa [2017] KEHC 9595 (KLR) | Dismissal For Want Of Prosecution | Esheria

A.O.Basid Limited v Takaful Insurance of Africa [2017] KEHC 9595 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL DIVISION

HIGH COURT CIVIL APPEAL NO. 214 OF 2015

A.O.BASID LIMITED..................................................APPLICANT

VERSUS

TAKAFUL INSURANCE OF AFRICA....................RESPONDENT

RULING

1. The application dated 5th December, 2016 seeks orders that the appeal herein be dismissed for want of prosecution.

2. The application is premised on the grounds stated in the body of the application and is supported by the affidavit sworn on 5th December, 2016 by Paddy Cheloti, counsel for the Applicant. It is stated that the Respondent has been enjoying interim orders of injunction given by this court on 18th June, 2015 but has not taken any steps to have the appeal listed for directions under Section 79B Civil Procedure Act Cap 21 Laws of Kenya.  It is further stated that the Respondent has lost interest in the appeal but is determined to delay the Respondent from enjoying the fruits of the judgment.

3. The application is opposed.  It is stated in the replying affidavit that the Applicant is keen on prosecuting the appeal and has compiled and filed the Record of Appeal.  That the lower court file has also been forwarded to this court and it is in the interest of justice that the Appeal be heard and determined.

4. During the hearing of the Appeal the parties opted to file written submissions.  The Respondent’s side filed theirs but the Applicant did not file any.  I have considered the submissions filed.

5. The lower court file was received in this court’s registry on 27th September, 2016.  The Record of Appeal was filed on 4th April, 2016.  The Appeal was admitted on 7th November 2016.  The application at hand was filed on 5th December, 2016 a period of slightly less than a month from the date the Appeal was admitted.  The Appeal is therefore not suitable for dismissal.  Consequently, the application is dismissed with costs in cause.

Dated, signed and delivered at Nairobi this 8th day of Nov., 2017

B. THURANIRA JADEN

JUDGE