[2004] KEHC 838 (KLR)
The court found that the plaintiff had failed to take any steps to prosecute the suit since July 2002, despite being served with the present application. The plaintiff neither filed a response nor attended the hearing, demonstrating a lack of interest in pursuing the matter. The court concluded that the delay was...
Source-derived case information.
- Citation
- [2004] KEHC 838 (KLR)
- Parties
- Plaintiff: Blue Shield Insurance Co. Ltd; Defendant: Electronic Infortech and Services Limited; Defendant: Wilbert Kipsang Choge; Defendant: 15th Defendant; Defendant: 16th Defendant
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1641 of 2000
- Procedural Posture
- Civil Case / Ruling on Application to Dismiss for Want of Prosecution
- Outcome
- Suit dismissed for want of prosecution with costs to the 1st, 2nd, 15th, and 16th defendants.
- 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
Blue Shield Insurance Co. Ltd
Plaintiff
Electronic Infortech and Services Limited
Defendant
Wilbert Kipsang Choge
Defendant
15th Defendant
Defendant
16th Defendant
Defendant
Procedural Posture
Civil Case / Ruling on Application to Dismiss for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to inordinate delay by the plaintiff.
- 2 Whether the defendants are entitled to costs.
Ratio Decidendi
The court found that the plaintiff had failed to take any steps to prosecute the suit since July 2002, despite being served with the present application. The plaintiff neither filed a response nor attended the hearing, demonstrating a lack of interest in pursuing the matter. The court concluded that the delay was inordinate and inexcusable, and that the interests of justice required the dismissal of the suit for want of prosecution. The court therefore granted the application as prayed, with costs to the 1st, 2nd, 15th, and 16th defendants.
Court Disposition
Suit dismissed for want of prosecution with costs to the 1st, 2nd, 15th, and 16th defendants.
Orders
- The suit is dismissed for want of prosecution.
- Costs awarded to the 1st, 2nd, 15th, and 16th defendants.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI CIVIL CASE NO. 1641 OF 2000
BLUE SHIELD INSURANCE CO. LTD……………………..….. PLAINTIFF VERSUS ELECTRONIC INFORTECH AND SERVICES LIMITED AND 16 OTHERS…………………………….…… DEFENDANTS
RULING
This Ruling relates to an application made by way of a Notice of Motion brought by the 1st, 2nd, 15th and 16th Defendants seeking orders of this Court to dismiss the suit for want of prosecution as well as costs. The same is supposed by the affidavit of Wilbert Kipsang Choge in which he depones that the Plaintiffs have not taken any steps to prosecute the suit since the 5th December 2001. It is clear from the record that this matter was last taken out of the call over on 25th June 2002 and on 8th July 2002 dates were taken for the hearing of the same on 17th and 18th December 2002. There is no record as to what happened on the said dates and no further steps were taken towards prosecuting the same.
The present application was served upon the Plaintiffs but no reply has been filed. The Plaintiff/Respondents Respondent did not attend Court at the hearing of the same. It is clearly evident from the facts of this case that the Plaintiff has no interest in prosecuting this suit since even after being awakened by this application they have chosen to do nothing. I have no option and order that the orders sought therein be granted as prayed with costs to the 1st 2nd, 15th and 16th Defendants.
Dated and Delivered at Nairobi this 1oth day of December 2004. M.G. Mugo Judge
In the pres ence of A.I. Onyango present for the 1 st, 2nd, 15th and 16 th Defendants/Applicants N/A for the other Plaintiff/Applicants