[2008] KEHC 2756 (KLR)
The court found that there was no real and reasonable opposition to the defendants' application to dismiss the consolidated suits for want of prosecution. The plaintiff's counsel admitted inability to trace the plaintiff and did not oppose the application. In the absence of prosecution and opposition, the court...
Source-derived case information.
- Citation
- [2008] KEHC 2756 (KLR)
- Parties
- Plaintiff: Elizabeth Cook; Plaintiff: Damain Cook; Defendant: Stewart Keith Eltringham; Defendant: Peter Mervyn Johnson; Defendant: Thomas Gulifoyle; Defendant: Ellis Thomas Monks; Defendant: Jeans Esme Aucutt; Defendant: Robert Thomas Clifford Guilfoyle
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 67 of 2001
- Procedural Posture
- Civil Case / Ruling on Application to Dismiss for Want of Prosecution
- Outcome
- Plaintiffs' consolidated suits dismissed for want of prosecution.
- Judges
- JM Khamoni
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Cook
Plaintiff
Damain Cook
Plaintiff
Stewart Keith Eltringham
Defendant
Peter Mervyn Johnson
Defendant
Thomas Gulifoyle
Defendant
Ellis Thomas Monks
Defendant
Jeans Esme Aucutt
Defendant
Robert Thomas Clifford Guilfoyle
Defendant
Procedural Posture
Civil Case / Ruling on Application to Dismiss for Want of Prosecution
Legal Issues
- 1 Whether the consolidated suits should be dismissed for want of prosecution.
Ratio Decidendi
The court found that there was no real and reasonable opposition to the defendants' application to dismiss the consolidated suits for want of prosecution. The plaintiff's counsel admitted inability to trace the plaintiff and did not oppose the application. In the absence of prosecution and opposition, the court granted the application and dismissed the suits as prayed.
Court Disposition
Plaintiffs' consolidated suits dismissed for want of prosecution.
Orders
- The defendants' Notice of Motion dated 4th October, 2007 is granted as prayed.
- The plaintiffs' consolidated suits are dismissed for want of prosecution.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 67 of 2001
ELIZABETH COOK …………………………..………………… PLAINTIFF
VERSUS
1. STEWART KEITH ELTRINGHAM ]
2. PETER MERVYN JOHNSON ]
3. THOMAS GULIFOYLE ]
4. ELLIS THOMAS MONKS ]
5. JEANS ESME AUCUTT ]
6. ROBERT THOMAS CLIFFORD GUILFOYLE ] DEFENDANTS
CONSOLIDATED WITH
DAMAIN COOK ………………………………………......…… PLAINTIFF
VERSUS
1 STEWART KEITH ELTRINGHAM ]
2 PETER MERVYN JOHNSON ]
3 THOMAS GULIFOYLE ]
4 ELLIS THOMAS MONKS ]
5 JEANS ESME AUCUTT ]
6 ROBERT THOMAS CLIFFORD GUILFOYLE ] DEFENDANTS
RULING
As there is no real and reasonable opposition to the Defendant’s/Applicant’s Notice of Motion herein dated 4th October, 2007 seeking to dismiss the Plaintiff’s consolidated suits for want of prosecution, the Plaintiff’s counsel clearly stating before me that he is not being able to trace the Plaintiff, the said Notice of Motion is hereby granted as prayed.
Dated and delivered at Nairobi this 21st day of February, 2008
J.M. KHAMONI
JUDGE