[2004] KEHC 1420 (KLR)

[2004] KEHC 1420 (KLR)

The court found that neither party had taken any action in the matter since 1995 and that, despite notice to show cause being issued to the respective advocates, there was no attendance or explanation provided. The prolonged inactivity and failure to prosecute the suit justified its dismissal for want of prosecution in accordance with the Civil Procedure Rules.

Citation
[2004] KEHC 1420 (KLR)
Parties
Plaintiff: Anna Jeruto; Defendant: Agnetta Agisa
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
11 February 2004
Case Number
? 97 of 1995
Procedural Posture
Civil Suit / Notice to Show Cause for Dismissal
Outcome
suit dismissed for want of prosecution
Judges
GMA Dulu
Legal Topics
Dismissal for Want of Prosecution, Notice to Show Cause, Case Inactivity
Source Language
English
Civil Procedure Dismissal for Want of Prosecution Notice to Show Cause Case Inactivity

Case Brief

Summary, issues, holding and outcome

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Parties

Anna Jeruto

Plaintiff

Agnetta Agisa

Defendant

Procedural Posture

Civil Suit / Notice to Show Cause for Dismissal

Legal Issues

  1. 1 Whether the suit should be dismissed for want of prosecution due to prolonged inactivity.

Ratio Decidendi

The court found that neither party had taken any action in the matter since 1995 and that, despite notice to show cause being issued to the respective advocates, there was no attendance or explanation provided. The prolonged inactivity and failure to prosecute the suit justified its dismissal for want of prosecution in accordance with the Civil Procedure Rules.

Court Disposition

suit dismissed for want of prosecution

Orders

  • The suit is dismissed for want of prosecution.