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THIKA COFFEE MILLS LIMITED
V.
GAKUYU FARMERS CO-ORPERATIVE SOCIETY & 2 ORS

(2022) JELR 113610 (CA)

Court of Appeal 18 Feb 2022 Kenya
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Case Details

Suit Number:Civil Appeal 281 of 2019
Judges:DK MUSINGA, JA HM OKWENGU, JA MSA MAKHANDIA, JA
Location:Nairobi

JUDGMENT

  1. This appeal arises from the ruling and order of Kasango, J. dated 30th May 2019 in which she allowed the 1st Respondent’s Notice of Motion dated 27th April 2018.The said motion was brought under Section 3A of the Civil Procedure Act and Order 17 Rule 2(1) of the Civil Procedure Rules, in which the 1st Respondent sought orders that: The appellant’s' suit be dismissed for want of prosecution and subsequent thereto, directions be issued on the hearing of the 1st respondent’s counter-claim in the trial court.

  2. The application was premised on the grounds that the suit had been last in open court on 27th February 2017 when it had come-up for a ruling on similar applications filed by the 1st and 2nd Respondents dated 17th March 2016 and 8th April 2016 respectively. That the said applications upon inter partes hearing were dismissed with costs on 27th February 2017. That from then on there had been no steps taken by the appellant to prosecute the suit. That due to the delay many witness…

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