National Water and Sewerage Cooperation v Simba Properties Investment Company (Civil Suit No. 934 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed the civil suit for want of prosecution under Section 17(2)(a) of the Judicature Act. The plaintiff filed suit in October 2022, obtained substituted service on the defendant in June 2024, but made no further follow-up to prosecute the matter.
Outcome
Suit dismissed for want of prosecution
Facts
The plaintiff National Water and Sewerage Cooperation filed this civil suit on 28 October 2022. On 27 June 2024, the defendant Simba Properties Investment Company was served via substituted service published in the New Vision newspaper. The plaintiff filed an affidavit of substituted service on 7 October 2024. Following service, the plaintiff made no further follow-up or steps to prosecute the suit.
Issues
- Whether the suit should be dismissed for want of prosecution under Section 17(2)(a) of the Judicature Act
Orders
- Suit dismissed under Section 17(2)(a) of the Judicature Act Cap 16 for want of prosecution.
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.