[2014] KEHC 3685 (KLR)
The court found that the plaintiff had failed to take any steps to prosecute the suit since the dismissal of the injunction application in December 2007. Despite being served with the application for dismissal and having new advocates come on record, the plaintiff neither filed a response nor appeared at the...
Source-derived case information.
- Citation
- [2014] KEHC 3685 (KLR)
- Parties
- Plaintiff: Daniel K. Chebii; Defendant: Pyrethrum Board of Kenya
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 100 of 2007
- Procedural Posture
- Civil Case / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- Application granted. Suit dismissed for want of prosecution with costs to the defendant.
- Judges
- RPV Wendoh
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Order 11 Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel K. Chebii
Plaintiff
Pyrethrum Board of Kenya
Defendant
Procedural Posture
Civil Case / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to inaction by the plaintiff.
- 2 Whether the plaintiff has demonstrated any interest in prosecuting the suit.
Ratio Decidendi
The court found that the plaintiff had failed to take any steps to prosecute the suit since the dismissal of the injunction application in December 2007. Despite being served with the application for dismissal and having new advocates come on record, the plaintiff neither filed a response nor appeared at the hearing. The court concluded that the plaintiff was no longer interested in pursuing the matter. Given the prolonged delay and lack of action, the court exercised its discretion to dismiss the suit for want of prosecution, holding that the defendant should not continue to incur unnecessary expense due to the plaintiff's inaction.
Court Disposition
Application granted. Suit dismissed for want of prosecution with costs to the defendant.
Orders
- The suit is dismissed for want of prosecution.
- Costs awarded to the defendant/applicant.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE HIGH COURT OF KENYA
AT NAKURU
CIVIL CASE NO. 100 OF 2007
DANIEL K. CHEBII…………………………………PLAINTIFF
VERSUS
PYRETHRUM BOARD OF KENYA…………..…DEFENDANT
RULING
The notice of motion dated 4/7/08, was filed by the defendant seeking the dismissal of this suit for want of prosecution. The application is supported by the affidavit of Paul Kiongo Murimi, counsel for the defendant, who deposed that the suit was filed on 21/5/2007 together with an application for injunction. The defendant entered appearance and filed a defence. The application for injunction was heard and dismissed on 20/12/07 and since then, the plaintiff has done nothing towards prosecution of this suit; that the inaction in this matter is causing unnecessary expense on the defendant.
The hearing notice of this application was served o the firm of Ondieki Ayuka Advocates on 21/5/2011 who came on record in place of the firm of Oyugi Ombui Advocates on 8/11/2011. Since the said advocate came on record, they have not filed any reply to this application. Though served, the plaintiff’s counsel did not appear. This matter is now 7 years old. Pleadings closed way back in 2007. The plaintiff has done nothing towards prosecution of this case. This application has come up severally for hearing but never proceeded. If the plaintiff was interested in this matter, they would have filed a reply or taken some action towards its prosecution for example, they would have tried to comply with Order 11 of the Civil Procedure Rules because the case was filed before the Civil Procedure Rules 2010 came into force.
It is apparent that the plaintiff is no longer interested in this matter and the application is hereby granted with costs to the defendant/applicant.
DATED and DELIVERED this 22nd day of July, 2014.
R.P.V. WENDOH
JUDGE
PRESENT:
N/A for the plaintiff
Ms Kamoin for the defendant/applicant
Kennedy – Court Assistant