[2006] KEHC 2872 (KLR)
The court found that the plaintiff had failed to take any steps to prosecute the suit after the close of pleadings, as required by Order XVI Rule 5 of the Civil Procedure Rules. The defendant was entitled to apply for dismissal, and the court exercised its discretion to dismiss the suit for want of prosecution. The...
Source-derived case information.
- Citation
- [2006] KEHC 2872 (KLR)
- Parties
- Plaintiff: Francis Ombimbo Jemo; Defendant: Koisagat Tea Estate; Defendant: John Waigwa Njoroge
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 283 of 1995
- Procedural Posture
- Civil Suit / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- JL Osiemo
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Traffic Accident Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Ombimbo Jemo
Plaintiff
Koisagat Tea Estate
Defendant
John Waigwa Njoroge
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the plaintiff's suit should be dismissed for want of prosecution under Order XVI Rule 5 of the Civil Procedure Rules.
Ratio Decidendi
The court found that the plaintiff had failed to take any steps to prosecute the suit after the close of pleadings, as required by Order XVI Rule 5 of the Civil Procedure Rules. The defendant was entitled to apply for dismissal, and the court exercised its discretion to dismiss the suit for want of prosecution. The court further ordered that the plaintiff bear the costs of the application and the entire suit, emphasizing the importance of diligent prosecution of cases to avoid unnecessary delay and backlog in the judicial system.
Court Disposition
suit dismissed for want of prosecution
Orders
- The plaintiff's suit is dismissed for want of prosecution under Order XVI Rule 5 of the Civil Procedure Rules.
- The plaintiff shall bear the costs of this application and the entire suit.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
Civil Suit 283 of 1995
FRANCIS OMBIMBO JEMO……………….......…………………………PLAINTIFF
VERSUS
KOISAGAT TEA ESTATE…………………………………………1ST DEFENDANT
JOHN WAIGWA NJOROGE……………….…….……………….2ND DEFENDANT
RULING
This is an application brought by the defendant by way of Notice of Motion under Order XVI Rule 5 of the Civil Procedure Rules seeking orders that the plaintiff’s suit be dismissed for want of prosecution.
The claim in this suit arose as a result of a traffic road accident which occurred on 29th January 1994 along Kapsabet – Nandi Hills Road involving motor vehicle registration number KAA 365M and the plaintiff who was cycling along the same road. The plaintiff filed this suit on 27th January 1995 for damages. Defence was filed on 24th February 1995 and the plaintiff has not taken any steps to set the suit down for hearing. Order XVI Rule 5 of the Civil Procedure Rules provides:-
“If within 3 months after:-
(a)the close of the pleadings or
(b)the removal of the suit from the hearing list, or
(c)the adjournment of the suit generally; the plaintiff or the court of its own motion on notice to the parties does not set down the suit for hearing, the defendant may either set the suit down for hearing or apply for its dismissal.
The defendant has elected to apply for the dismissal of the suit. I allow the application and dismiss the plaintiff’s suit for want of prosecution under Order XVI Rule 5 of the Civil Procedure Rules.
The plaintiff will also bear the costs of this application as well as the entire suit.
Dated and delivered at Nairobi this 9th day of February, 2006.
J.L.A. OSIEMO
JUDGE