[2005] KEHC 2195 (KLR)
The court found that the plaintiffs were absent and did not oppose the application for dismissal. Having heard the defendants' arguments and in the absence of any opposition, the court exercised its discretion to dismiss the suit for want of prosecution or non-attendance. The court further ordered that the costs of...
Source-derived case information.
- Citation
- [2005] KEHC 2195 (KLR)
- Parties
- Plaintiff: F.A. Tamimi; Plaintiff: A.H. Ahmed; Defendant: Mohamed Karama; Defendant: Yusuf Karama
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 126 of 1994
- Procedural Posture
- Civil Suit / Ruling on Application for Dismissal of Suit
- Outcome
- suit dismissed for want of prosecution; costs awarded to defendants
- Legal Topics
- Dismissal for Non Attendance, Costs Award, Application Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
F.A. Tamimi
Plaintiff
A.H. Ahmed
Plaintiff
Mohamed Karama
Defendant
Yusuf Karama
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Dismissal of Suit
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution or non-attendance by the plaintiffs.
- 2 Whether costs should be awarded to the defendants upon dismissal.
Ratio Decidendi
The court found that the plaintiffs were absent and did not oppose the application for dismissal. Having heard the defendants' arguments and in the absence of any opposition, the court exercised its discretion to dismiss the suit for want of prosecution or non-attendance. The court further ordered that the costs of the application and the suit be awarded to the defendants, in line with the general principle that costs follow the event.
Court Disposition
suit dismissed for want of prosecution; costs awarded to defendants
Orders
- The suit is dismissed for want of prosecution or non-attendance by the plaintiffs.
- Costs of the application and the suit are awarded to the defendants (1st to 3rd).
Full Case Text
Judgment text and source record
3 paragraphs
IN THE HIGH COURT OF KENYA AT MOMBASA Civil Suit 126 of 1994 F.A. TAMIMI & A.H. AHMED ............................................................................................ PLAINTIFFS VERSUS MOHAMED KARAMA & YUSUF KARAMA ................................................................................ DEFENDANTS Coram: Before Hon. Justice Mwera Miss Y. Ali for the Applicant - 2nd & 3rd Kiema for 1st Defendant Abubakar for Murshid for the Respondent Court clerk – Kazungu R U L I N G
With plaintiff not present to oppose the application and having heard both the 1st, 2nd and 3rd Defendants on why the suit should be dismissed, the orders sought are granted. Costs of the application and the suit to go to the defendants (1st to 3rd)
Dated 15th June 2005. J.W. MWERA JUDGE