[2024] KEHC 8653 (KLR)
The court found that the applicant had failed to prosecute its notice of motion for a period of 20 years, indicating a loss of interest in the matter. To prevent unnecessary delay and ensure efficient administration of justice, the court exercised its discretion to dismiss the application for want of prosecution and...
Source-derived case information.
- Citation
- [2024] KEHC 8653 (KLR)
- Parties
- Applicant: Chemelil Sugar Co. Ltd; Respondent: Wycliffe Webuti
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 311 of 2004
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Notice of Motion for Want of Prosecution
- Outcome
- Application dismissed for want of prosecution; file marked as closed.
- Judges
- MS Shariff
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Chemelil Sugar Co. Ltd
Applicant
Wycliffe Webuti
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Notice of Motion for Want of Prosecution
Legal Issues
- 1 Whether the application should be dismissed for want of prosecution due to prolonged inaction by the applicant.
Ratio Decidendi
The court found that the applicant had failed to prosecute its notice of motion for a period of 20 years, indicating a loss of interest in the matter. To prevent unnecessary delay and ensure efficient administration of justice, the court exercised its discretion to dismiss the application for want of prosecution and ordered the file closed.
Court Disposition
Application dismissed for want of prosecution; file marked as closed.
Orders
- The notice of motion dated 23rd November, 2004 is dismissed for want of prosecution.
- This file is marked as closed.
Full Case Text
Judgment text and source record
17 paragraphs
Chemelil Sugar Co. Ltd v Webuti (Miscellaneous Civil Application 311 of 2004) [2024] KEHC 8653 (KLR) (18 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8653 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 311 of 2004
MS Shariff, J
July 18, 2024
Between
Chemelil Sugar Co. Ltd
Applicant
and
Wycliffe Webuti
Respondent
Ruling
1. Whereas the Applicant herein filed a notice of motion dated 23rd November, 2004, the same has not been prosecuted in the 20 years period that it has been alive in this court and it is thus apparent that the Applicant has lost interest in his application wherefore I hereby dismiss it for want of prosecution.
2. This file is marked as closed.
DATED, SIGNED AND DELIVERED THIS 18TH DAY OF JULY, 2024. M. S. SHARIFF..................................JUDGE