[2024] KEHC 8655 (KLR)
The court found that the applicant had failed to prosecute the ex parte summons for adoption for a period of 20 years, indicating a lack of interest in pursuing the application. Consequently, the court exercised its discretion to dismiss the application for want of prosecution in accordance with established...
Source-derived case information.
- Citation
- [2024] KEHC 8655 (KLR)
- Parties
- Applicant: EKO; Respondent: AMM
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 353 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
- Outcome
- Application dismissed for want of prosecution.
- Judges
- MS Shariff
- Legal Topics
- Adoption Proceedings, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
EKO
Applicant
AMM
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the application for adoption should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the applicant had failed to prosecute the ex parte summons for adoption for a period of 20 years, indicating a lack of interest in pursuing the application. Consequently, the court exercised its discretion to dismiss the application for want of prosecution in accordance with established procedural rules.
Court Disposition
Application dismissed for want of prosecution.
Orders
- The application is dismissed for want of prosecution.
- The file is marked as closed.
Full Case Text
Judgment text and source record
12 paragraphs
In re AMM (Child) (Miscellaneous Civil Application 353 of 2004) [2024] KEHC 8655 (KLR) (18 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8655 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 353 of 2004
MS Shariff, J
July 18, 2024
IN THE MATTER OF AN APPLICATION FOR ADOPTION ORDER AND IN THE MATTER OF AN APPLICATION BY EKO AND IN THE MATTER OF AMM...........CHILD
Ruling
1. Whereas the Applicant herein filed a exparte summons dated 17th December, 2004 the same has not been prosecuted in the 20 years period that it has been alive in this court and it is thus apparent that the Applicant has lost interest in his application wherefore I hereby dismiss it for want of prosecution.
2. This file is marked as closed.
DATED, SIGNED AND DELIVERED THIS 18TH DAY OF JULY, 2024. M. S. SHARIFFJUDGE