[2021] KEHC 12943 (KLR)

[2021] KEHC 12943 (KLR)

The court found that neither party appeared nor took steps to prosecute the suit after notice was issued by the registry. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution, as there was no justification for the delay or absence of action by...

Source-derived case information.

Citation
[2021] KEHC 12943 (KLR)
Parties
Plaintiff: Backlite Limited; Defendant: Ogilvy Kenya Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Civil Case 375 of 2017
Procedural Posture
Civil Case / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
Outcome
Suit dismissed for want of prosecution with costs to the defendant.
Legal Topics
Dismissal for Want of Prosecution, Case Management, Costs Award
Source Language
en
Civil Procedure Dismissal for Want of Prosecution Case Management Costs Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Backlite Limited

Plaintiff

Ogilvy Kenya Limited

Defendant

Procedural Posture

Civil Case / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether the suit should be dismissed for want of prosecution.

Ratio Decidendi

The court found that neither party appeared nor took steps to prosecute the suit after notice was issued by the registry. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution, as there was no justification for the delay or absence of action by the parties. The court further ordered that the defendant is entitled to costs as a consequence of the dismissal.

Court Disposition

Suit dismissed for want of prosecution with costs to the defendant.

Orders

  • The suit is dismissed for want of prosecution.
  • The plaintiff shall pay the costs of the suit to the defendant.