Why KPA lost 32 year old suit against firm

By Willis Oketch | Tuesday, Sep 4th 2018 at 23:29
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A judge has dismissed a suit filed in 1986 because the State agency has been unable to prosecute it.

The Kenya Ports Authority (KPA) had sued a clearing and forwarding company.

The judge also struck out two civil suits filed by Tabitha Wanjiku Thuku in 1979 against two men. The cases have never taken off.

Yesterday, Justice George Odunga also dismissed several cases that KPA has been unable to prosecute for over a quarter century, saying there was no justification to continue pursuing litigations that have no end in sight.

He said court cases must come to an end at some point.

Justices Odunga and David Majanja are presiding over the Judicial Service Week that involves a study and resolution of old cases, especially those pending for long periods without effective prosecution.

Several civil suits filed by KPA and Ms Thuku fall in this category and yesterday the two judges struck them out. KPA’s lawyers were not in the court to listen to the axe fall on their suits.

Civil suits

A total of 86 cases were dismissed. Among the cases that Justice Odunga dismissed was one in which KPA had sued Slusliea Anderson Company, number HCC 219/1986, which has never been prosecuted.

Another case the judge threw out for want of prosecution was a suit in which KPA had appealed against Stonewave Company and two others in 2001. They had won a case against the corporation.

To reduce the backlog of the cases in Mombasa, Justice Odunga also dismissed a case in which the National Cereals and Produce Board had sued David Nteeree Mituuri in 2009. The case has never been prosecuted.

The judge, who have been in Mombasa for the past one week, also dismissed a case in which a former Mombasa chief magistrate, Joyce Manyasi, had sued a Kenya Power, employee Patrick Maitui, in 2000.

Most of the litigants’ lawyers failed to appear in court leading to instant dismissal of the cases.

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