[2014] KEHC 2315 (KLR)
The court found that the plaintiff had provided a satisfactory explanation for the delay in prosecuting the suit, specifically attributing the delay to the disobedience of court orders by some parties. The court exercised its discretion to allow the suit to proceed to a full hearing on its merits, rather than...
Source-derived case information.
- Citation
- [2014] KEHC 2315 (KLR)
- Parties
- Plaintiff: Gatonye Victor Kariuki; Defendant: John Guto; Defendant: Moffat Omboga Onchieku; Defendant: David Oenga Oino; Defendant: Richard Katoka
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 336 of 2010
- Procedural Posture
- Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- Suit to proceed to full hearing; not dismissed for want of prosecution.
- Judges
- DO Ogembo
- Legal Topics
- Dismissal for Want of Prosecution, Pre Trial Directions, Court Orders Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gatonye Victor Kariuki
Plaintiff
John Guto
Defendant
Moffat Omboga Onchieku
Defendant
David Oenga Oino
Defendant
Richard Katoka
Defendant
Procedural Posture
Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution.
- 2 Whether the delay in prosecuting the suit was justified by the plaintiff.
- 3 Whether the parties have complied with previous court orders.
Ratio Decidendi
The court found that the plaintiff had provided a satisfactory explanation for the delay in prosecuting the suit, specifically attributing the delay to the disobedience of court orders by some parties. The court exercised its discretion to allow the suit to proceed to a full hearing on its merits, rather than dismissing it for want of prosecution. The court emphasized the importance of determining cases on their merits and ensuring that parties do not benefit from their own non-compliance with court orders.
Court Disposition
Suit to proceed to full hearing; not dismissed for want of prosecution.
Orders
- The suit shall proceed to full hearing on its merits.
- Parties to complete pre-trial directions.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL & ADMIRALTY DIVISION
HIGH COURT CIVIL CASE NO. 336 OF 2010
GATONYE VICTOR KARIUKI ..........................1ST PLAINTIFF
VERSUS
JOHN GUTO..........................1ST DEFENDANT
MOFFAT OMBOGA ONCHIEKU...........2ND DEFENDANT
DAVID OENGA OINO...........................3RD DEFENDANT
RICHARD KATOKA............................4TH DEFENDANT
R U L I N G
This court served a Notice to Show Cause why this suit should not be dismissed for want of prosecution. The Notice was served upon all the parties. The Plaintiff’s advocate Mr. Samuel Aduda was served and he appeared in court on behalf of the Plaintiff on 9th May 2014 and sought the leave of court to file an affidavit in response thereto. Mr. Wachakana for the Interested Party also sought leave to respond to the said Notice to Show Cause.
While Mr. Aduda filed his client’s affidavit in court on 16th May 2014, Mr. Wachakana’s client, the Interested Party has been critically ill and has not been able to respond.
I have, however, considered the affidavit in response filed by the 1st Plaintiff. I am satisfied with the contents of the said affidavit, especially with the allegation that the delay herein has been caused by blatant disobedience of the court orders by some of the parties who will automatically gain if this suit is dismissed at this stage.
Pursuant to the above, I direct that this suit shall proceed to full hearing on its merits, and the parties should complete pre-trial directions. The matter will be mentioned on 31st October 2014 for further directions. Costs shall be in the cause.
Orders accordingly.
READ, DELIVERED AND DATED AT NAIROBI
THIS 17TH DAY OF OCTOBER 2014
E. K. O. OGOLA
JUDGE
PRESENT:
No appearance for Plaintiff
No appearance for Defendant
No appearance for Interested party
Irene – Court Clerk