Kensalt Limted & 2 others v Opingo & 6 others [2024] KEHC 4679 (KLR)

Kensalt Limted & 2 others v Opingo & 6 others (Civil Case E004 of 2021) [2024] KEHC 4679 (KLR) (16 April 2024) (Ruling)

Neutral citation: [2024] KEHC 4679 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Case E004 of 2021

RE Aburili, J

April 16, 2024

Between

Kensalt Limted

1st Plaintiff

Ntulele Estate Limited

2nd Plaintiff

Equatorial Commercial Bank Limited

3rd Plaintiff

and

Caroline Opingo

1st Defendant

Paul Otieno Caleb

2nd Defendant

Antony Idi Indako

3rd Defendant

Busia Sugar Industry Limited

4th Defendant

Victoria Blue Services

5th Defendant

Busia Outgrowers Company Limited

6th Defendant

National Transport and Safety Authority

7th Defendant

Ruling

1. I have considered the application dated 18th March 2023. It seeks for orders dismissing the suit herein for want of prosecution. The application is not opposed. However, the application calls on the discretion of the court to reinstate a dismissed suit.

2. I exercise discretion and set aside the order of 18th September 2023 dismissing the suit for want of prosecution and reinstate the suit for hearing on merit.

3. I make no orders as to costs.

4. Mention interpartes on 10th May 2024.

5. The Plaintiff to serve the Defendants with Notice for directions.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 16THDAY OF APRIL, 2024R. E. ABURILIJUDGE