[2001] KEHC 390 (KLR)
The court found that the plaintiff failed to provide any satisfactory reason for his absence, merely stating he was in Germany. The hearing date had been set by the plaintiff and confirmed by both parties. No evidence was presented on behalf of the plaintiff. In these circumstances, the court exercised its...
Source-derived case information.
- Citation
- [2001] KEHC 390 (KLR)
- Parties
- Plaintiff: Gunter Hans Schucker; Defendant: Hamid Fahed El-Darazi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 331 of 1999
- Procedural Posture
- Civil Suit / Ruling on Adjournment and Final Disposition
- Outcome
- suit dismissed with costs to the defendant
- Judges
- J Wakiaga
- Legal Topics
- Adjournment of Hearing, Dismissal for Non Appearance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gunter Hans Schucker
Plaintiff
Hamid Fahed El-Darazi
Defendant
Procedural Posture
Civil Suit / Ruling on Adjournment and Final Disposition
Legal Issues
- 1 Whether the plaintiff has provided sufficient reason for adjournment of the hearing.
- 2 Whether the suit should be dismissed in the absence of evidence from the plaintiff.
Ratio Decidendi
The court found that the plaintiff failed to provide any satisfactory reason for his absence, merely stating he was in Germany. The hearing date had been set by the plaintiff and confirmed by both parties. No evidence was presented on behalf of the plaintiff. In these circumstances, the court exercised its discretion to refuse the adjournment and, in the absence of any evidence from the plaintiff, dismissed the suit with costs to the defendant.
Court Disposition
suit dismissed with costs to the defendant
Orders
- The suit is dismissed with costs to the defendant.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL SUIT NO. 331 OF 1999 GUNTER HANS SCHUCKER…………………………….PLAINTIFF =VERSUS= HAMID FAHED EL-DARAZI…………………………. DEFENDANT RULING
I am not inclined to grant the adjournment. The suit was set down by the plaintiff himself on 20th December, 2000 and the defendant was served with hearing Notice. By consent of both parties it was confirmed for hearing at the call over on 15th June, 2001. No reasons have been given for the absence of the plaintiff except that he is in Germany. That is not satisfactory. I reject the application. Hearing to proceed. Plaintiffs Case
I have no evidence to call. Gikandi
Dismiss the suit with cost. Order
In the absence of any evidence from the plaintiff, the suit is dismissed with costs to the defendant.
Dated this 11th day of July, 2001. P. N. WAKI JUDGE