[2021] KEHC 12928 (KLR)
The court found that neither party appeared at the hearing of the Notice to Show Cause. In accordance with the Civil Procedure Rules, where there is inordinate delay and no steps are taken to prosecute the matter, the court is empowered to dismiss the suit for want of prosecution. The absence of the parties...
Source-derived case information.
- Citation
- [2021] KEHC 12928 (KLR)
- Parties
- Applicant: Esrom Ngugi Miringa; Applicant: Henry Mungai Thongote; Applicant: James Mungai Ng'ang'a; Applicant: Simon Karanja Kariuki; Applicant: David Njane Ruiyi; Respondent: Muguga Investment Company Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 06 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- dismissed for want of prosecution
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esrom Ngugi Miringa
Applicant
Henry Mungai Thongote
Applicant
James Mungai Ng'ang'a
Applicant
Simon Karanja Kariuki
Applicant
David Njane Ruiyi
Applicant
Muguga Investment Company Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the matter should be dismissed for want of prosecution.
Ratio Decidendi
The court found that neither party appeared at the hearing of the Notice to Show Cause. In accordance with the Civil Procedure Rules, where there is inordinate delay and no steps are taken to prosecute the matter, the court is empowered to dismiss the suit for want of prosecution. The absence of the parties indicated a lack of interest in pursuing the matter. Consequently, the court exercised its discretion to dismiss the suit and ordered the file closed, with costs to follow the event.
Court Disposition
dismissed for want of prosecution
Orders
- The matter is dismissed for want of prosecution.
- Costs awarded against the applicants.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL AND TAX DIVISION
MISC. CASE NO. 06 OF 2015
IN THE MATTER OF MUGUGA INVESTMENT COMPANY LIMITED
AND
IN THE MATTER OF AN APPLICAOITN FOR AN ORDER OF COURT TO CALL FOR A MEETING OF
THE COMPANY UNDER THE COMPANIES (HIGH COURT) RULES NO. 9(h) AND SECTION 135 OF
THE COMPANIES ACT, CAP 485 LAWS OF KENYA
BETWEEN
ESROM NGUGI MIRINGA.....................................1ST APPLICANT
HENRY MUNGAI THONGOTE.............................2ND APPLICANT
JAMES MUNGAI NG’ANG’A.................................3RD APPLICANT
SIMON KARANJA KARIUKI.................................4TH APPLICANT
DAVID NJANE RUIYI..............................................5TH APPLICANT
VERSUS
MUGUGA INVESTMENT COMPANY LTD...............DEFENDANT
RULING
The matter was for hearing a Notice To Show Cause why the matter should not be dismissed for want of prosecution. The Notice was served by the Registry.
There being no parties, the matter is marked as dismissed for want of prosecution, with costs. File shall forthwith close.
DATED AND DELIVERED AT NAIROBI THIS 24TH MAY, 2021
G. W. NGENYE-MACHARIA
JUDGE