[2014] KEHC 835 (KLR)
The court found that there had been no activity in the suit since 2nd June 2011, when the Plaintiff sought interim injunctive orders that were not granted. The Plaintiff failed to appear or provide any explanation for the delay or to oppose the application for dismissal. The Defendant supported the dismissal and had...
Source-derived case information.
- Citation
- [2014] KEHC 835 (KLR)
- Parties
- Plaintiff: Girishon Githungo Hitha; Defendant: Kenya Commercial Bank Ltd.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 300 of 2007
- Procedural Posture
- Civil Case / Ruling on Notice to Show Cause and Motion to Dismiss for Want of Prosecution
- Outcome
- Suit dismissed for want of prosecution with costs to the Defendant.
- Judges
- DO Ogembo
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Girishon Githungo Hitha
Plaintiff
Kenya Commercial Bank Ltd.
Defendant
Procedural Posture
Civil Case / Ruling on Notice to Show Cause and Motion to Dismiss for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution pursuant to the Notice to Show Cause.
- 2 Whether the Defendant's Notice of Motion seeking dismissal for want of prosecution should be granted.
Ratio Decidendi
The court found that there had been no activity in the suit since 2nd June 2011, when the Plaintiff sought interim injunctive orders that were not granted. The Plaintiff failed to appear or provide any explanation for the delay or to oppose the application for dismissal. The Defendant supported the dismissal and had filed a formal application seeking the same. The court was satisfied that the delay was inordinate and unjustified, and that the suit should be dismissed for want of prosecution pursuant to the Notice to Show Cause. Costs were awarded to the Defendant.
Court Disposition
Suit dismissed for want of prosecution with costs to the Defendant.
Orders
- The suit is dismissed for want of prosecution pursuant to the Notice to Show Cause dated 1st October 2014.
- Costs are awarded to the Defendant.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL &ADMIRALTY DIVISION
CIVIL CASE NO. 300 OF 2007
GIRISHON GITHUNGO HITHA:::::::::::::::::::::::::::::::::::::::::::::::PLAINTIFF/RESPONDENT
VERSUS
KENYA COMMERCIAL BANK LTD.::::::::::::::::::::::::::::::::::::::DEFENDANT/APPLICANT
R U L I N G
Before the court is a Notice to Show Causedated 29th September 2014, which was served upon both the Defendant and the Plaintiff. There is no appearance for the Plaintiff while for the Defendant Mr. Litoro appeared and supported the dismissal of the suit pursuant to the said Notice to show Cause.
Mr. Litoro also drew the attention of the court to the Defendant’s Notice of Motion dated 27th September 2014 and filed in court on 17th October 2014. The Notice of Motion also seeks the dismissal of the suit for want of prosecution.
The court has also observed that the last activity on the suit was on 2nd June 2011 when the Plaintiff sought interim injunctive orders against the Defendant, but which were not granted.
I am satisfied that the suit herein should be dismissed pursuant to the said Notice to Show Cause dated 1st October 2014, and so hold, with costs to the Defendant.
Orders accordingly.
READ, DELIVERED AND DATED AT NAIROBI THIS 18TH DAY OF NOVEMBER 2014
E. K. O. OGOLA
JUDGE
PRESENT:
No appearance for the Plaintiff
No appearance for the Defendant
Teresia – Court Clerk