Sonko Richard and Another v Amon Lufunda and Another (Civil Suit No. 2650 of 2016)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed the suit under Order 17 Rule 6(1) of the Civil Procedure Rules and section 98 of the Civil Procedure Act for inaction by both parties for over two years following the disposal of an application in April 2021. No order as to costs was made.
Outcome
Suit dismissed for want of prosecution
Facts
The plaintiffs instituted a civil suit on 27 February 2015. The last action on the file was an application filed in 2021 which was disposed of on 27 April 2021. Neither party took any further steps or made any application to proceed with the suit for over two years thereafter. The court exercised its power under Order 17 Rule 6(1) of the Civil Procedure Rules and section 98 of the Civil Procedure Act to dismiss the suit for want of prosecution.
Issues
- Whether the suit should be dismissed for want of prosecution where no action was taken by either party for over two years.
Orders
- Case dismissed under Order 17 Rule 6(1) of the Civil Procedure Rules SI 71-1 and Section 98 of the Civil Procedure Act Cap 282 for non-action by the parties for over two years.
- No order as to costs.
Legislation cited (2)
Cases cited (1)
- Nilani v Patel and Others (1969) EA 340
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.