[2024] KEHC 13446 (KLR)
The court found that there had been no activity on the record since the filing of the petition on 26th March, 2019, amounting to over seven years of inactivity. Neither party nor their counsel appeared to show cause or explain the delay, despite multiple notices to show cause having been issued. The court determined...
Source-derived case information.
- Citation
- [2024] KEHC 13446 (KLR)
- Parties
- Respondent: Kentmere Investment Limited
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Winding Up Petition 10 of 2019
- Procedural Posture
- Winding Up Petition / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- petition dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Winding Up Proceedings, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kentmere Investment Limited
Respondent
Procedural Posture
Winding Up Petition / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the winding up petition should be dismissed for want of prosecution.
Ratio Decidendi
The court found that there had been no activity on the record since the filing of the petition on 26th March, 2019, amounting to over seven years of inactivity. Neither party nor their counsel appeared to show cause or explain the delay, despite multiple notices to show cause having been issued. The court determined that the petitioner had lost interest in prosecuting the suit, and that the continued pendency of the matter constituted a clog on the court's system. Accordingly, the court exercised its discretion under Order 17 Rule 2 of the Civil Procedure Rules to dismiss the petition for want of prosecution.
Court Disposition
petition dismissed for want of prosecution
Orders
- The winding up petition is dismissed for want of prosecution pursuant to Order 17 Rule 2 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
12 paragraphs
In re Kentmere Investment Limited (Winding Up Petition 10 of 2019) [2024] KEHC 13446 (KLR) (28 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13446 (KLR)
Republic of Kenya
In the High Court at Kiambu
Winding Up Petition 10 of 2019
DO Chepkwony, J
October 28, 2024
IN THE MATTER OF: KENTMERE INVESTMENTD LIMITED AND IN THR MATTER OF: THE COMPANIES ACT, NO.17 OF 2005
Ruling
1. This matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution, a Notice to Show Cause having been taken out by the court on 23rd October, 2023, 8th February, 2024 and 24th September, 2024 respectively. There is no appearance by either party nor their respective counsel. There is even no representation to explain the absence.
2. I have perused the court record and established that there has been no activity on the record since the filing of the Petition on 26th March, 2019, which is a period of over seven (7) years, a clear indication that the Petitioner lost interest in having the suit prosecuted. This case has been clogging this court’s system as backlog and it is only prudent that the same be dismissed for want of prosecution pursuant to Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.
RULING DATED AND SIGNED AT KIAMBU THIS 28TH DAY OF OCTOBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partyCourt Assistant – Martin/Kinyua