[2020] KEHC 3090 (KLR)
The court found that the applicant, despite being duly served with notice of the hearing, failed to appear or take any steps to prosecute the application dated 9.3.2020. The absence of any action or appearance by the applicant or their counsel indicated a lack of interest in pursuing the matter. Consequently, the...
Source-derived case information.
- Citation
- [2020] KEHC 3090 (KLR)
- Parties
- Appellant: Caroline Ouma Okoth; Respondent: Silvester Otieno Amuok
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous 3 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
- Outcome
- application dismissed for want of prosecution
- Judges
- RE Aburili
- Legal Topics
- Dismissal for Want of Prosecution, Affidavit of Service, Failure to Prosecute, Notice of Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caroline Ouma Okoth
Appellant
Silvester Otieno Amuok
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the applicant's application dated 9.3.2020 should be dismissed for want of prosecution.
- 2 Whether proper notice of hearing was served on the applicant's counsel.
Ratio Decidendi
The court found that the applicant, despite being duly served with notice of the hearing, failed to appear or take any steps to prosecute the application dated 9.3.2020. The absence of any action or appearance by the applicant or their counsel indicated a lack of interest in pursuing the matter. Consequently, the court exercised its discretion to dismiss the application for want of prosecution, as provided under the Civil Procedure Rules, to prevent undue delay and abuse of court process.
Court Disposition
application dismissed for want of prosecution
Orders
- The applicant's application dated 9.3.2020 is dismissed for want of prosecution.
- No order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CIVIL MISCELLENOUS CASE NO. 3 OF 2020
CAROLINE OUMA OKOTH.....................PLAINTIFF/APPELLANT
VERSUS
SILVESTER OTIENO AMUOK..........DEFENDANT/RESPONDENT
RULING
1. The applicant was served with orders of this court of 24. 7.2020 for disposal of this matter today as no action has been taken to have the application which was filed under Certificate of Urgency dated 9. 3.2020 heard and determined.
2. The Affidavit of Service filed by Rosemary A. Oderah, this Court’s Process Server, dated 27. 7.2020 shows that on 27. 7.2020 she served the applicant’s Counsel with Notice of disposal of this matter by way of hearing today.
3. There is no appearance on the part of the applicant’s Counsel. The applicant must have lost interest in the matter.
4. Accordingly, I hereby dismiss the applicant’s application dated 9. 3.2020 for want of prosecution. I make no orders as to costs.
5. This file is hereby closed.
6. Orders accordingly.
Dated, Signed and Delivered at Siaya this 16th day of September, 2020.
R.E. ABURILI
JUDGE