[2024] KEHC 6132 (KLR)
The court found that there had been no activity on the file since 19th November, 2021, and that neither party nor their counsel attended court to show cause why the suit should not be dismissed. The absence of any explanation or representation indicated a lack of interest in prosecuting the matter. Accordingly, the...
Source-derived case information.
- Citation
- [2024] KEHC 6132 (KLR)
- Parties
- Plaintiff: Bajrang Constructin Limited; Respondent: Thika School of Medical & Health Sciences
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Case E020 of 2021
- Procedural Posture
- Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Order 17 Rule 2, Court Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bajrang Constructin Limited
Plaintiff
Thika School of Medical & Health Sciences
Respondent
Procedural Posture
Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2 of the Civil Procedure Rules.
Ratio Decidendi
The court found that there had been no activity on the file since 19th November, 2021, and that neither party nor their counsel attended court to show cause why the suit should not be dismissed. The absence of any explanation or representation indicated a lack of interest in prosecuting the matter. Accordingly, the court exercised its discretion under Order 17 Rule 2 of the Civil Procedure Rules to dismiss the suit for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution as per Order 17 Rule 2 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
19 paragraphs
Bajrang Constructin Limited v Thika School of Medical & Health Sciences (Civil Case E020 of 2021) [2024] KEHC 6132 (KLR) (14 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6132 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Case E020 of 2021
DO Chepkwony, J
May 14, 2024
Between
Bajrang Constructin Limited
Plaintiff
and
Thika School of Medical & Health Sciences
Respondent
Ruling
1. This matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution, a Notice to Show Cause having issued on 23rd February, 2024. Neither party nor their respective counsel have attended court today despite the same having cause-listed for mention today. There is even no representation to explain the absence.
2. I have perused the court record and established that the last time there was any activity on the file was on 19th November, 2021 when the Plaintiff’s advocate filed a list of issues. It has been more than 2 years since and this is a clear indication that the parties have lost interest in their case.
3. In the circumstances, the suit is dismissed for want of prosecution as per the provisions of Order 17 Rule 2 of the Civil Procedure Rules.
It is so ordered.
RULING DATED AND SIGNED AT KIAMBU THIS 14TH DAY OF MAY, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partiesCourt Assistant - Martin