[2023] KEHC 22850 (KLR)
The court found that the applicant had failed to take any steps to prosecute the application for transfer of the children’s court case since filing. Despite being served with a notice of dismissal, there was no appearance or indication of interest from the applicant or their counsel. The court exercised its...
Source-derived case information.
- Citation
- [2023] KEHC 22850 (KLR)
- Parties
- Applicant: GKOA; Respondent: SA
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E165 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
- Outcome
- application dismissed for want of prosecution
- Judges
- RE Aburili
- Legal Topics
- Dismissal for Want of Prosecution, Transfer of Suit, Children Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
GKOA
Applicant
SA
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the application for transfer of Kisumu Children’s Court Case No E083 of 2021 should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the applicant had failed to take any steps to prosecute the application for transfer of the children’s court case since filing. Despite being served with a notice of dismissal, there was no appearance or indication of interest from the applicant or their counsel. The court exercised its discretion under the Civil Procedure Rules and the inherent powers of the court to dismiss the application for want of prosecution and ordered the file closed.
Court Disposition
application dismissed for want of prosecution
Orders
- The application dated October 26, 2022 is dismissed for want of prosecution.
- The file is hereby closed.
Full Case Text
Judgment text and source record
20 paragraphs
GKOA v SA (Miscellaneous Civil Application E165 of 2022) [2023] KEHC 22850 (KLR) (26 September 2023) (Ruling)
Neutral citation: [2023] KEHC 22850 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E165 of 2022
RE Aburili, J
September 26, 2023
Between
GKOA
Applicant
and
SA
Respondent
Ruling
1. This matter was filed in this court on October 27, 2022 but no action has been taken to prosecute the same.
2. The Applicant’s counsel was served with notice of dismissal via email on September 13, 2023.
3. There is no appearance and no indication of interest to pursue the application dated October 26, 2022 for transfer of Kisumu Children’s Court Case No E083 of 2021 from Kisumu Law Courts to the Nairobi Milimani Law Courts for hearing and final determination.
4. The application dated October 26, 2022 be and is hereby dismissed for want of prosecution and this file is hereby closed.
5. Ruling to be typed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 26TH DAY OF SEPTEMBER, 2023R. E. ABURILIJUDGE