Patrick Nyonjo v Bwire Joseph and Another (Miscellaneous Application 842 of 2022)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Application for leave to file reply and defence to counterclaim out of time dismissed under section 17(2) of the Judicature Act for want of prosecution. The applicant filed the application on 9 March 2022 but took no steps to prosecute it by the ruling date of 4 June 2024.
Outcome
Application dismissed for want of prosecution
Facts
The applicant filed a chamber summons on 9 March 2022 seeking leave to file a reply to the respondents' written statement of defence and to file a defence to the counterclaim out of time. The application arose from Civil Suit No. 306 of 2019. From the date of filing until the ruling date of 4 June 2024, the applicant took no steps to prosecute the application.
Issues
- Whether the application should be dismissed for want of prosecution
Orders
- Application dismissed under section 17(2) of the Judicature Act.
- No order as to costs.
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.