Rabach Shoe Co Ltd v Kenya Credit Traders Ltd [2024] KEHC 6452 (KLR) | Dismissal For Want Of Prosecution | Esheria

Rabach Shoe Co Ltd v Kenya Credit Traders Ltd [2024] KEHC 6452 (KLR)

Full Case Text

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