[2021] KEHC 6059 (KLR)

[2021] KEHC 6059 (KLR)

The court found that neither party appeared or took steps to prosecute the suit after notice to show cause was issued. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution and ordered that the file be closed, with costs awarded against the...

Source-derived case information.

Citation
[2021] KEHC 6059 (KLR)
Parties
Plaintiff: Dinesh Construction Ltd; Defendant: La Nyavu Gardens Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Civil Suit 80 of 2016
Procedural Posture
Civil Suit / Notice to Show Cause for Dismissal
Outcome
suit dismissed for want of prosecution
Legal Topics
Dismissal for Want of Prosecution, Notice to Show Cause, Costs Award
Source Language
en
Civil Procedure Dismissal for Want of Prosecution Notice to Show Cause Costs Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dinesh Construction Ltd

Plaintiff

La Nyavu Gardens Ltd

Defendant

Procedural Posture

Civil Suit / Notice to Show Cause for Dismissal

Legal Issues

  1. 1 Whether the suit should be dismissed for want of prosecution.

Ratio Decidendi

The court found that neither party appeared or took steps to prosecute the suit after notice to show cause was issued. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution and ordered that the file be closed, with costs awarded against the plaintiff/respondent.

Court Disposition

suit dismissed for want of prosecution

Orders

  • The suit is dismissed for want of prosecution with costs.
  • The file shall forthwith close.