[2006] KEHC 1386 (KLR)
The court found that the plaintiff had failed to take any steps to prosecute the suit since her advocate ceased acting on 30th March 2004. The cause of action arose over 12 years prior, and the delay was deemed inordinate and prejudicial to the defendant, making a fair trial impossible. The court concluded that the...
Source-derived case information.
- Citation
- [2006] KEHC 1386 (KLR)
- Parties
- Plaintiff: Erns Meir; Defendant: Kenya Rent A Car & 2 Others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 2843 of 1997
- Procedural Posture
- Civil Case / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- Plaintiff's suit dismissed for want of prosecution. Costs awarded to the defendant.
- Judges
- JL Osiemo
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erns Meir
Plaintiff
Kenya Rent A Car & 2 Others
Defendant
Procedural Posture
Civil Case / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the plaintiff's suit should be dismissed for want of prosecution due to inordinate delay.
- 2 Whether the delay in prosecuting the suit has prejudiced the defendant's right to a fair trial.
Ratio Decidendi
The court found that the plaintiff had failed to take any steps to prosecute the suit since her advocate ceased acting on 30th March 2004. The cause of action arose over 12 years prior, and the delay was deemed inordinate and prejudicial to the defendant, making a fair trial impossible. The court concluded that the requirements for dismissal for want of prosecution were met and accordingly dismissed the plaintiff's suit. Costs were awarded to the defendant for both the suit and the application.
Court Disposition
Plaintiff's suit dismissed for want of prosecution. Costs awarded to the defendant.
Orders
- The plaintiff's suit is dismissed for want of prosecution.
- The defendant is awarded costs of the suit.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 2843 of 1997
ERNS MEIR…………………...................……………………………………….…….PLAINTIFF
VERSUS
KENYA RENT A CAR & 2 OTHERS…………………..................……….……DEFENDANTS
RULING
By way of this Notice of Motion brought under the provisions of Order XVI Rule 5 of the Civil Procedure Rules and Section 3A of Procedure Act the 1st defendant seeks orders that the plaintiff’s suit be dismissed for want of prosecution. The plaintiff also seeks costs of this application.
The application is based on the ground that the cause of action arose on 8th January 1995, that the suit was filed on 13th November 1997, that the applicant filed its defence on 23rd December 1997; that the plaintiff’s advocate obtained leave to cease acting on 30th March 2004 and since then the plaintiff has not taken any step to prosecute her claim and that the delay is prejudicial to the applicant.
The plaintiff was served with this application but she did not file any papers to oppose the application. Mr. Tiego counsel for the Respondent submitted that the cause of action arose on 8th January 1995 and this suit was filed on 13th November 1997 about 3 years later. The pleadings closed on 23rd December 1997.
The plaintiffs advocate obtained leave to cease acting on 30th March 2004 and since then the plaintiff has not taken any step to prosecute her claim. The cause of action arose about 12 years ago as a result of a road accident. I agree with the respondent that the delay is prejudicial in that it is not possible for the defendant to have a fair trial and the plaintiffs suit is therefore dismissed for want of prosecution. The defendant is also awarded costs of the suit as well as costs of this application.
Dated and delivered at Nairobi this 12th day of September 2006.
J.L.A. OSIEMO
JUDGE