[2021] KEHC 6590 (KLR)

[2021] KEHC 6590 (KLR)

The court found that no party was present to prosecute or oppose the notice for dismissal and that the suit had not been actively prosecuted. In accordance with Order 17 Rule 2 of the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution and awarded costs to the...

Source-derived case information.

Citation
[2021] KEHC 6590 (KLR)
Parties
Plaintiff: Eric Kibaara Kiraithe; Defendant: Girth Construcition Ltd; Defendant: Jared Ochungo
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Civil Case 217 of 2014
Procedural Posture
Civil Case / Ruling on Notice for Dismissal for Want of Prosecution
Outcome
Suit dismissed for want of prosecution with costs.
Legal Topics
Dismissal for Want of Prosecution, Case Management, Costs Award
Source Language
en
Civil Procedure Dismissal for Want of Prosecution Case Management Costs Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Eric Kibaara Kiraithe

Plaintiff

Girth Construcition Ltd

Defendant

Jared Ochungo

Defendant

Procedural Posture

Civil Case / Ruling on Notice for Dismissal for Want of Prosecution

Legal Issues

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

Ratio Decidendi

The court found that no party was present to prosecute or oppose the notice for dismissal and that the suit had not been actively prosecuted. In accordance with Order 17 Rule 2 of the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution and awarded costs to the defendants.

Court Disposition

Suit dismissed for want of prosecution with costs.

Orders

  • The suit is dismissed for want of prosecution with costs to the defendants.
  • The file is to be closed.