[2017] KEHC 5075 (KLR)
The court found that since the judge who dismissed the suit for want of prosecution had retired without providing reasons for the dismissal, and such reasons are not on record, it would be unjust to let the dismissal stand without explanation. To ensure justice for both parties, the matter should be placed before...
Source-derived case information.
- Citation
- [2017] KEHC 5075 (KLR)
- Parties
- Plaintiff: Catholic Diocese of Murang'a Registered Trustees; Defendant: Royal Media Services Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 598 of 2012
- Procedural Posture
- Civil Case / Post Dismissal Ruling
- Outcome
- Matter to be placed before another judge for directions; no order as to costs.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Dismissal for Want of Prosecution, Judicial Discretion, Reasons for Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catholic Diocese of Murang'a Registered Trustees
Plaintiff
Royal Media Services Ltd
Defendant
Procedural Posture
Civil Case / Post Dismissal Ruling
Legal Issues
- 1 Whether the suit should remain dismissed for want of prosecution in the absence of recorded reasons by the retiring judge.
- 2 What directions should be given when a judge retires before providing reasons for a dismissal order.
Ratio Decidendi
The court found that since the judge who dismissed the suit for want of prosecution had retired without providing reasons for the dismissal, and such reasons are not on record, it would be unjust to let the dismissal stand without explanation. To ensure justice for both parties, the matter should be placed before another judge for directions. The court emphasized the importance of providing reasons for judicial decisions and the need to prioritize the hearing of old matters. No order as to costs was made.
Court Disposition
Matter to be placed before another judge for directions; no order as to costs.
Orders
- Parties to appear before any other judge in the Division for directions.
- Priority to be considered when giving dates.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL CASE NO. 598 OF 2012
CATHOLIC DIOCESE OF MURANG’A
RESISTERED TRUSTEES...............................................PLAINTIFF
VERSUS
ROYAL MEDIA SERVICES LTD.................................DEFENDANT
RULING
This matter was handled by Ombija J who on 18th February, 2016 heard an application by the defendant which sought the dismissal of the suit for want of prosecution. After recording the submissions by counsel, the judge made the following order,
“The application dated 3/9/2015 is granted in terms of prayers 1 and 2 of the application. Reasons for the dismissal be given on 14/4/2016. ”
No such reasons are on record. The judge has retired and I am not in a position to know the reasons he would have given for the dismissal order above. To ensure that justice is done to both parties, the order that commends itself is that the parties have to appear before any other Judge in the Division for directions considering that the retired Judge had made a decision in favour of one of the parties, only that the reasons therefor were never given.
As this is an old matter, priority should be considered when giving dates. No order as to costs.
Dated and delivered at Nairobi this 26th Day of April, 2017
A. MBOGHOLI MSAGHA
JUDGE