Limted & 2 others v Opingo & 6 others [2023] KEHC 27303 (KLR)

Limted & 2 others v Opingo & 6 others (Civil Case E004 of 2021) [2023] KEHC 27303 (KLR) (18 September 2023) (Ruling)

Neutral citation: [2023] KEHC 27303 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Case E004 of 2021

RE Aburili, J

September 18, 2023

Between

Kensalt Limted

1st Plaintiff

Ntulele Estates 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

Safety Authority

7th Defendant

Ruling

1. This suit was filed on April 6, 2021. The Plaintiff has since extension of interim orders on March 8, 2022 not moved the court to have the matter heard and concluded. They were served with notice of dismissal of this suit vide email of May 23, 2023 but they have not appeared.

2. Accordingly, this suit is hereby dismissed for want of prosecution and the interim orders of stay of proceedings in Migori Chief Magistrate Civil Case No. E003 of 2020 issued on December 14, 2021 are hereby vacated and set aside.

3. This file is closed.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 18TH DAY OF SEPTEMBER, 2023R. E. ABURILIJUDGE