[2013] KEHC 3138 (KLR)
The court found that the plaintiff had not complied with the mandatory requirements of Order 3 Rule 2 of the Civil Procedure Rules by failing to supply the required statements and documents. Furthermore, after her counsel ceased acting for her, the plaintiff took no steps to prosecute the case and did not respond to...
Source-derived case information.
- Citation
- [2013] KEHC 3138 (KLR)
- Parties
- Plaintiff: Elizabeth Mwendia Njuki; Defendant: Boniface Njuki Runji Alias Boniface N. Gichoni
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 64 of 2011
- Procedural Posture
- Civil Case / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- Suit dismissed for want of prosecution.
- Judges
- HI Ong'udi
- Legal Topics
- Dismissal for Want of Prosecution, Non Compliance With Civil Procedure Rules, Affidavit of Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Mwendia Njuki
Plaintiff
Boniface Njuki Runji Alias Boniface N. Gichoni
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.
- 2 Whether the plaintiff complied with Order 3 Rule 2 of the Civil Procedure Rules.
- 3 Whether the plaintiff has lost interest in the suit.
Ratio Decidendi
The court found that the plaintiff had not complied with the mandatory requirements of Order 3 Rule 2 of the Civil Procedure Rules by failing to supply the required statements and documents. Furthermore, after her counsel ceased acting for her, the plaintiff took no steps to prosecute the case and did not respond to the application for dismissal despite being duly served. The court concluded that the plaintiff had lost interest in the suit and that the continued pendency of the matter was unjustified. Consequently, the suit was dismissed for want of prosecution.
Court Disposition
Suit dismissed for want of prosecution.
Orders
- The suit is dismissed for want of prosecution.
- Each party to bear his/her own costs.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
High Court at Embu
Civil Case 64 of 2011 [if gte mso 9]><xml>
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ELIZABETH MWENDIA NJUKI…..................…….........PLAINTIFF
VERSUS
BONIFACE NJUKI RUNJI Alias
BONIFACE N. GICHONI.........................................DEFENDANT
R U L I N G
The application dated 28/8/2012 seeks to have the plaintiffs' suit dismissed for want of prosecution and non compliance with the new civil procedure rules. Its premised on the grounds on the face of the application and the supporting affidavit.
The plaintiff/respondent who is now acting in person was served with this application but has not filed any response to the application. There is an affidavit of service by Jackson Muriithi showing that the plaintiff/respondent was served with the notice of motion and the hearing notice. The record shows that there was an attempt to settle this matter out of court which was not fruitful.
The plaintiff's counsel withdrew from acting for the plaintiff because of lack of instructions. It is clear that the plaintiff has not complied with the provisions of Order 3 Rule 2 of the Civil Procedure Rules. She has not supplied the plaintiff with any of the required statements and documents. This matter was last in court on 9/5/2012 when the plaintiff's counsel ceased acting for her. Since then she has taken no step to prosecute the case.
Even after being served with the application requesting for dismissal, she still has not responded or taken any action. My finding is that the plaintiff/respondent has lost interest in the suit. The same is dismissed.
Owing to their special relationship I do order each party to bear his/her own costs.
DELIVERED, DATED AND SIGNED AT EMBU THIS 15TH OF MAY 2013.
H.I. ONG'UDI
JUDGE
In the presence of:-
Mrs. Njuguna for Mutitu for Applicant
Defendant/applicant
Njue CC
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