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REPUBLIC OF KENYA
IN THE HIGH COURT OF
KENYA AT NAIROBI
CIVIL SUIT NO OF 1997
XXXXXXXXXX……………………………….PLAINTIFF/RESPONDENT
VERSUS
XXXXXXXXXX……………………………1ST
DEFENDANT/APPLICANT
XXXXXXXXXXXX…………………….2ND DEFENDANT/APPLICAN
AFFIDAVIT
I, XXXXXXXXXX residing at XXXXXXX, Nairobi and of Post Office Box Number XXXXX
Nairobi, in the Republic of Kenya do make oath and solemnly state as follows:-
1. THAT I am the Group Financial Controller of XXXXX Limited the 2nd Defendant in this
suit.
2. THAT I have full knowledge and
information concerning this suit and as such I am duly authorised and competent
to swear this affidavit on behalf of the 2nd Defendant.
3. THAT XXXXXXX (hereinafter "the Plaintiff") instituted the present
suit for wrongful dismissal and libel by filing a Plaint on 18th November,
1997 and accordingly served the same together with Summons to Enter Appearance
on the Defendants jointly and severally seeking the following reliefs:-
a)
General Damages for libel
(inclusive of exemplary damages);
b)
General damages for loss of
employment at the monthly salary of Kshs. 150,000 from March, 1997 to the date
of determination of this suit;
c)
An injunction directed at the
Defendants restraining them and each one of them by themselves, or by their
servants or otherwise from continuing the publication of the libel therein.
4. THAT upon service of the Plaint and the
Summons to Enter Appearance the Defendants entered appearance through their
Advocates on record Messrs. XXXXXXXX and
Company on Xnd January 1998.
5. THAT on Xth February 1998,
the said Advocates filed a Defence on behalf of the Defendants and subsequently
thereafter on Xth February 1998, the Plaintiff filed her Reply to
Defence.
6. THAT I am advised by the Defendants’
Advocates aforesaid, which advice I verily believe to be true, that pleadings
in this matter closed on Xst March 1998. Subsequently, a joint
Statement of Agreed Issues was filed in Court on 11th May 1998.
7.
THAT Summons for Directions were duly
taken out on 5th June 1998 setting the Plaintiff at liberty to
proceed and take hearing dates for the matter.
8. THAT when the suit came up for hearing
on 16th November 1998 the same was Stood Over Generally as both
parties were not ready to proceed with the hearing. The onus was thereafter
nonetheless upon the Plaintiff to fix a fresh hearing date for the matter
pursuant thereto.
9. THAT I am informed by the Defendants’ aforesaid Advocates, which
information I verily believe to be true that the Plaintiff has neglected,
refused and/or otherwise failed to set down the suit for hearing or take any
steps to prosecute the same for a period of over twenty three (23) months since
the matter was last in Court.
10.
THAT I verily believe that this neglect,
refusal and/or failure to prosecute the suit amounts to an abuse of the process
of this Honourable Court.
11.
THAT for reasons aforesaid, I verily
believe that it is only just, fair and expedient that this suit be dismissed
with costs for want of prosecution.
12.
THAT I swear this Affidavit in support
of the Application herein seeking the dismissal of this suit for want of
prosecution.
13. THAT what is deponed to herein is true
to the best of my knowledge save as to matters deponed to on information
sources whereof have been disclosed and matters deponed to on belief the
grounds whereupon have been given.
SWORN by the said XXXXXXXXXXXXXXXX
)
at Nairobi on this day
of 2002. ) )
)
)
BEFORE ME )
)
)
COMMISSIONER FOR OATHS )
DRAWN AND FILED BY:
XXXXXX and Company
Advocates
XXXXX house
XXX drive
P.O. Box XXXX (Ref:Ddddd)
Nairobi.
TO BE SERVED UPON:
M/s XXXXXXXX & Company
Advocates
XXXXX, 3rd floor
XXXXXXX
Avenue
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