[2024] KEHC 10810 (KLR)
The court found that the petitioner failed to attend court despite the matter being certified urgent and set for hearing. The court indulged the petitioner by placing the file aside until later in the day, but there was still no appearance. Consequently, the court exercised its discretion to dismiss the petition for...
Source-derived case information.
- Citation
- [2024] KEHC 10810 (KLR)
- Parties
- Applicant: MAO
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E289 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Want of Prosecution
- Outcome
- petition dismissed for want of prosecution
- Judges
- MS Shariff
- Legal Topics
- Dismissal for Want of Prosecution, Mental Health Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MAO
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Want of Prosecution
Legal Issues
- 1 Whether the petition should be dismissed for want of prosecution due to non-attendance by the petitioner.
Ratio Decidendi
The court found that the petitioner failed to attend court despite the matter being certified urgent and set for hearing. The court indulged the petitioner by placing the file aside until later in the day, but there was still no appearance. Consequently, the court exercised its discretion to dismiss the petition for want of prosecution, as the applicant did not demonstrate any interest in prosecuting the matter.
Court Disposition
petition dismissed for want of prosecution
Orders
- The petition is dismissed for want of prosecution.
- The file is marked as closed.
Full Case Text
Judgment text and source record
17 paragraphs
In re MOO (A Person Suffering from Mental Illness ) (Miscellaneous Case E289 of 2024) [2024] KEHC 10810 (KLR) (17 September 2024) (Ruling)
Neutral citation: [2024] KEHC 10810 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Case E289 of 2024
MS Shariff, J
September 17, 2024
MISC. CASE NO. E289 OF 2024
IN THE MATTER OF MARK OTIENO OGOT (A PERSON SUFFERING FROM MENTAL ILLNESS
In the matter of
MAO
Petitioner
Ruling
1. Whereas the petition herein was filed during the court recess, certified as urgent and admitted for hearing then with a date being given for Petitioner to appear before this court today, there has been no attendance.
2. This court pulled this file in the morning and decided to indulge the Petitioner by placing it aside till 2. 40 pm but there is still no appearance by the Petitioner and I therefore dismiss the petition for want of prosecution.
3. This file is marked as closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 17THDAY OF SEPTEMBER, 2024. M. S. SHARIFFJUDGE