[2021] KEHC 12970 (KLR)
The court found that there was no appearance by any party despite service of the notice of dismissal for want of prosecution. In the absence of any steps taken to prosecute the matter, the court exercised its discretion to dismiss the case for want of prosecution and ordered the file closed, with costs to be borne...
Source-derived case information.
- Citation
- [2021] KEHC 12970 (KLR)
- Parties
- Applicant: Paul Sabwami Kiliswa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Insolvency Cause 8 of 2016
- Procedural Posture
- Insolvency Cause / Notice of Dismissal for Want of Prosecution
- Outcome
- dismissed for want of prosecution
- Judges
- AW Macharia
- Legal Topics
- Insolvency Proceedings, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Sabwami Kiliswa
Applicant
Procedural Posture
Insolvency Cause / Notice of Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the matter should be dismissed for want of prosecution.
Ratio Decidendi
The court found that there was no appearance by any party despite service of the notice of dismissal for want of prosecution. In the absence of any steps taken to prosecute the matter, the court exercised its discretion to dismiss the case for want of prosecution and ordered the file closed, with costs to be borne as appropriate.
Court Disposition
dismissed for want of prosecution
Orders
- The matter is dismissed for want of prosecution with costs.
- The file shall be closed.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL AND TAX DIVISION
THE INSOLVENCY ACT
INSOLVENCY CAUSE NO. 8 OF 2016
PAUL SABWAMI KILISWA - EX PARTE
RULING
This matter was coming up for Notice of dismissal for want of prosecution. Parties were served by the Registry.
There being no appearance, the matter is dismissed for want of prosecution with costs. File shall close.
DATED AND DELIVERED AT NAIROBI THIS 13TH MAY, 2021
G.W.NGENYE - MACHARIA
JUDGE