[2021] KEHC 12975 (KLR)

[2021] KEHC 12975 (KLR)

The court found that there was no attendance by the parties when the Notice to Show Cause was called out. In the absence of any steps taken by the parties to prosecute the suit and no explanation for the delay or non-attendance, the court exercised its discretion to dismiss the suit for want of prosecution in...

Source-derived case information.

Citation
[2021] KEHC 12975 (KLR)
Parties
Plaintiff: Gerishon Mbugua Kang’ethe; Defendant: HFC Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Civil Case 620 of 2015
Procedural Posture
Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
Outcome
suit dismissed for want of prosecution with costs
Legal Topics
Dismissal for Want of Prosecution, Notice to Show Cause, Case Management
Source Language
en
Civil Procedure Dismissal for Want of Prosecution Notice to Show Cause Case Management

Source-derived case record

Summary, issues, holding and outcome

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Parties

Gerishon Mbugua Kang’ethe

Plaintiff

HFC Limited

Defendant

Procedural Posture

Civil Case / Ruling on Notice to Show Cause for Want of Prosecution

Legal Issues

  1. 1 Whether the suit should be dismissed for want of prosecution.

Ratio Decidendi

The court found that there was no attendance by the parties when the Notice to Show Cause was called out. In the absence of any steps taken by the parties to prosecute the suit and no explanation for the delay or non-attendance, the court exercised its discretion to dismiss the suit for want of prosecution in accordance with the Civil Procedure Rules.

Court Disposition

suit dismissed for want of prosecution with costs

Orders

  • The suit is dismissed for want of prosecution with costs.
  • The file shall forthwith close.