[2021] KEHC 12956 (KLR)
The court found that neither party was present or had taken steps to prosecute the matter. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution and ordered the file closed.
Source-derived case information.
- Citation
- [2021] KEHC 12956 (KLR)
- Parties
- Plaintiff: Fantasy Auctioneers; Defendant: Nairobi Bottlers Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 164 of 2014
- Procedural Posture
- Miscellaneous Application / Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- dismissed for want of prosecution
- Legal Topics
- Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fantasy Auctioneers
Plaintiff
Nairobi Bottlers Ltd
Defendant
Procedural Posture
Miscellaneous Application / Notice to Show Cause for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution.
Ratio Decidendi
The court found that neither party was present or had taken steps to prosecute the matter. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution and ordered the file closed.
Court Disposition
dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution with costs.
- The file shall forthwith close.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL AND TAX DIVISION
MISC. CASE NO. 164 of 2014
FANTASY AUCTIONEERS....................................PLAINTIFF
VERSUS
NAIROBI BOTTLERS LTD...............................DEFENDANT
RULING
This matter is for Notice To Show Cause for dismissal for want of prosecution.
There being no party present, the matter is dismissed with costs. File shall forthwith close
DATED AND DELIVERED AT NAIROBI THIS 24TH MAY, 2021
G. W. NGENYE-MACHARIA
JUDGE