[2006] KEHC 1793 (KLR)
The court found that the plaintiff had failed to take any steps to prosecute the suit since March 2004, and that the suit had previously been stood over generally in October 2002. The defendant's application for dismissal for want of prosecution was unopposed, as the plaintiff's counsel did not attend court despite...
Source-derived case information.
- Citation
- [2006] KEHC 1793 (KLR)
- Parties
- Plaintiff: Albert Kathiga Njeru; Defendant: Housing Finance Company of Kenya Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 517 of 2001
- Procedural Posture
- Civil Case / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution; costs awarded to defendant
- Judges
- MM Kasango
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Albert Kathiga Njeru
Plaintiff
Housing Finance Company of Kenya Limited
Defendant
Procedural Posture
Civil Case / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 16 Rule 5.
- 2 Whether the defendant is entitled to costs of the suit and the application.
Ratio Decidendi
The court found that the plaintiff had failed to take any steps to prosecute the suit since March 2004, and that the suit had previously been stood over generally in October 2002. The defendant's application for dismissal for want of prosecution was unopposed, as the plaintiff's counsel did not attend court despite being served. The court held that the requirements of Order 16 Rule 5 were satisfied and that the defendant was entitled to dismissal of the suit and an award of costs.
Court Disposition
suit dismissed for want of prosecution; costs awarded to defendant
Orders
- This suit is dismissed for want of prosecution and the costs of the suit are awarded to the defendant.
- The defendant is awarded costs of the Notice of Motion dated 29th May 2006.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Case 517 of 2001
ALBERT KATHIGA NJERU………………….................................................………………..PLAINTIFF
VERSUS
HOUSING FINANCE COMPANY OF KENYA LIMITED..................................................DEFENDANT
RULING
The last activity in this matter was on 26th March 2004 when this matter was mentioned.
The plaintiff has taken no action of this suit since then and even prior to that the suit had been fixed for hearing in October 2002, when the suit was stood over generally.
The defendant by Notice of Motion dated 29th May 2006 seeks for dismissal of the plaintiff’s suit for want of prosecution. Although plaintiffs counsel was served he did not attend court to object.
The defendants application falls within the provisions of Order 16 Rule 5 and is indeed deserving.
The court grants the following orders:
(1) This suit is dismissed for want of prosecution and the costs of the suit are awarded to the defendant.
(2) The defendant is awarded costs of the Notice of Motion dated 29th May 2006.
MARY KASANGO
JUDGE
Dated and delivered this 14th July 2006.
MARY KASANGO
JUDGE