Abdul Majid Adam Sebi Kenyi and Another v Asiina Adan Sebi Kenyi and Others (Civil Suit No. 1103 of 2023)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Suit dismissed under Judicature Act s.17(2) and Civil Procedure Rules O.9 r.19(1) where plaintiffs failed to effect service of summons on defendants for over two years after filing suit, constituting want of prosecution and contributing to case backlog.
Outcome
Suit dismissed for want of prosecution
Facts
The plaintiffs commenced suit on 25 September 2023 seeking nullification of a sale transaction of land forming part of the estate of the late Adam Sebikenyi, together with a permanent injunction, general damages and costs. After filing, the plaintiffs took no steps to effect service of the summons upon the defendants, nor did they apply for extension of time to do so. More than two years elapsed without service being effected.
Issues
- Whether the suit should be dismissed for failure to effect service within a reasonable time.
Orders
- Suit dismissed under Section 17(2) of the Judicature Act and Order 9 Rule 19(1) of the Civil Procedure Rules.
- No order as to costs.
Rules and key headnotes
Legislation cited (2)
- Judicature Act s.17(2)
- Civil Procedure Rules O.9 r.19(1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.