[2024] KEHC 603 (KLR)
The court found that the petition had already been granted as sought in December 2020, and no further proceedings were pending. Despite opportunities to proceed in 2022, the petitioner failed to take any steps to conclude the matter. The petitioner was served with notice for possible dismissal for want of...
Source-derived case information.
- Citation
- [2024] KEHC 603 (KLR)
- Parties
- Applicant: BAO; Respondent: SDO
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Petition 12 of 2020
- Procedural Posture
- Mental Health Application / Ruling on Dismissal for Want of Prosecution
- Outcome
- petition dismissed for want of prosecution
- Judges
- RE Aburili
- Legal Topics
- Mental Capacity, Guardianship, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
BAO
Applicant
SDO
Respondent
Procedural Posture
Mental Health Application / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the petition should be dismissed for want of prosecution due to inaction by the petitioner.
- 2 Whether there are any pending proceedings justifying the continuation of the petition.
Ratio Decidendi
The court found that the petition had already been granted as sought in December 2020, and no further proceedings were pending. Despite opportunities to proceed in 2022, the petitioner failed to take any steps to conclude the matter. The petitioner was served with notice for possible dismissal for want of prosecution but failed to appear or show cause. In the absence of any action or interest by the parties, and with no pending issues before the court, the petition was dismissed for want of prosecution and the file closed.
Court Disposition
petition dismissed for want of prosecution
Orders
- The petition dated 21st July 2020 is dismissed for want of prosecution.
- No orders as to costs.
Full Case Text
Judgment text and source record
18 paragraphs
In re SDO (Subject) (Petition 12 of 2020) [2024] KEHC 603 (KLR) (31 January 2024) (Ruling)
Neutral citation: [2024] KEHC 603 (KLR)
Republic of Kenya
In the High Court at Kisumu
Petition 12 of 2020
RE Aburili, J
January 31, 2024
IN THE MATTER OF SECTION 26, 27, 28(1) AND 28(2) OF THE MENTAL HEALTH ACT CAP 248 LAW OF KENYA AND IN THE MATTER OF ORDER 32 RULE 15 OF THE CIVIL PROCEDURE RULES 2010 BETWEEN IN THE MATTER OF SDO (SDO) (A PERSON SUFFERING FROM MENTAL DISORDER) AND IN THE MATTER OF AN APPLICATION BY BEATRICE AO(BAO) TO BE APPOINTED GUARDIAN OVER THE AFFAIRS AND MANAGER OF THE ESTATE OF THE S (SDO)
In the matter of
BAO
Petitioner
Ruling
1. This petition under the Mental Health Act was filed on July 23, 2020 and on December 9, 2020, the court granted the orders sought in the petition as applied for.
2. Ordinarily, the file ought to have been closed as no other proceedings are pending.
3. Instead, the parties attempted to fix the petition for hearing in 2022 on June 14, 2022 and September 6, 2022 but the ‘hearing’ has never taken off.
4. As the petitioners have not shown any interest to have the main petition ‘concluded’ since 2022, and were served for today on December 11, 2023 for dismissal of the petition for want of prosecution but are absent, this petition dated 21st July 2020 is hereby dismissed for want of prosecution with no orders as to costs.
5. File closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 31ST DAY OF JANUARY, 2024R. E. ABURILIJUDGE