[2016] KEHC 5021 (KLR)
The court found that the plaintiff had provided a satisfactory explanation for the delay in prosecuting the suit, namely, the death of the defendant and the time required to obtain a death certificate for substitution. The distance between the parties' residences further explained the delay in the plaintiff learning...
Source-derived case information.
- Citation
- [2016] KEHC 5021 (KLR)
- Parties
- Plaintiff: Benjamin Makuyu; Defendant: Gladys Ruguru w/o Thanduku
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 75 of 2005
- Procedural Posture
- Civil Suit / Ruling on Notice to Show Cause for Dismissal Under Order 17 Cpr
- Outcome
- suit not dismissed; matter to proceed
- Legal Topics
- Dismissal for Want of Prosecution, Order 17 Civil Procedure Rules, Substitution of Deceased Party
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benjamin Makuyu
Plaintiff
Gladys Ruguru w/o Thanduku
Defendant
Procedural Posture
Civil Suit / Ruling on Notice to Show Cause for Dismissal Under Order 17 Cpr
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 of the Civil Procedure Rules.
- 2 Whether sufficient cause has been shown to prevent dismissal of the suit.
Ratio Decidendi
The court found that the plaintiff had provided a satisfactory explanation for the delay in prosecuting the suit, namely, the death of the defendant and the time required to obtain a death certificate for substitution. The distance between the parties' residences further explained the delay in the plaintiff learning of the defendant's death. The court was satisfied that the plaintiff was diligent and anxious to proceed with the matter. Consequently, the court exercised its discretion not to dismiss the suit for want of prosecution under Order 17 of the Civil Procedure Rules.
Court Disposition
suit not dismissed; matter to proceed
Orders
- The suit is not dismissed for want of prosecution.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVL SUIT NO 75 OF 2005
BENJAMIN MAKUYU.............................................................PLAINTIFF
VERSUS
GLADYS RUGURU W/O THANDUKU............................DEFENDANT
R U L I N G
Parties were to show cause why this suit should not be dismissed in terms of Order 17, CPR, on 16/03/2016. On that day, Mr. Manasses Kariuki, informed the Court that the Defendant had died sometimes back and his firm was in the process of obtaining a death certificate to enable them to initiate the process of substitution of the deceased defendant with a family member.
Mr. Kariuki explained that the Plaintiff and the defendant did not live in the same area. He told the Court that the distance between the abodes of the two parties explained the reason why the Plaintiff had not, until recently, got the knowledge that the defendant had died. He told the Court that the Plaintiff was anxious to have this suit heard and determined.
I find that the Plaintiff has shown to the satisfaction of this Court that the suit should not be dismissed. In the circumstances, the suit is not dismissed.
It is so ordered.
Delivered in Open Court at Meru this 12th day of April, 2016 in the presence of:-
CC:DanielLilian
Manases Kariuki for the plaintiff
P.M.NJOROGE
JUDGE: