The defendants, Shukri Ali Ali and The Commonwell Mutual Insurance Group, brought a motion to dismiss the plaintiff's action for delay pursuant to Rule 24 of the Rules of Civil Procedure.
The plaintiff, Yassin Aden Osman, did not oppose the motion and failed to appear.
The court found that the plaintiff's default was intentional and contumelious, demonstrating disrespect for the court process through serial violations of court orders and non-attendance.
Additionally, the delay was found to be inordinate and inexcusable, giving rise to a substantial risk that a fair trial would not be possible, particularly due to the loss of witnesses and inability to inspect the vehicle.
The court granted the motion, dismissing the action against all defendants and awarding costs to the moving defendants.
