Skip to content
JudgmentKENINDIA ASSURANCE CO. LTD VS KENSAN INSURANCE BROKERS LTD1 min read

KENINDIA ASSURANCE CO. LTD VS KENSAN INSURANCE BROKERS LTD

High Court at Kisumu High Court · · M.S.Shariff


RULING

1. Vide a chamber summons dated 16th September, 2003 the ex parte Applicant sought leave pursuant to the provisions of Order 53 Rule (1) (2) and (3) of the Civil Procedure rules and Section 3A of the Civil Procedure Act, to file a judicial review application for orders of mandamus against the Interested Party, the National Assembly of Kenya to compel it to attach 1/3 of the 2nd Respondent’s salary so as to liquidate a judgment sum of Kshs.48,016,768 in satisfaction on Kisumu HCCC No. 71 of 1996.

2. The above application was supported by an affidavit of Charles Lutta Kasamani sworn on even date.

3. The application herein has never been prosecuted in the period of 21 years that it has been pending before this court and it is  quite apparent that the Applicant has lost interest in this application and it’s pendency is solely for purposes of clogging our data as a backlog.

4. I therefore dismiss this application for want of prosecution.

5. This file is marked as closed.

Dated, signed and delivered this 30th day of May, 2024.

    KENINDIA ASSURANCE CO. LTD VS KENSAN INSURANCE BROKERS LTD KENINDIA ASSURANCE CO. LTD VS KENSAN INSURANCE BROKERS LTD