[2014] KEHC 1413 (KLR)
The court found that the application dated 31st January 2003 had not been prosecuted since 19th December 2011 and that no steps had been taken to move it forward. The affidavit of service showed that the application for dismissal was served on the respondents' advocates, and no reply was filed. As the application...
Source-derived case information.
- Citation
- [2014] KEHC 1413 (KLR)
- Parties
- Respondent: Ngugi Mungai; Respondent: Njogu Mungai; Applicant: David Kamande Jeremiah
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 208 of 2003
- Procedural Posture
- Succession Cause / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- application allowed
- Judges
- DN Musyoka
- Legal Topics
- Dismissal for Want of Prosecution, Succession Proceedings, Affidavit of Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ngugi Mungai
Respondent
Njogu Mungai
Respondent
David Kamande Jeremiah
Applicant
Procedural Posture
Succession Cause / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the application dated 31st January 2003 should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the application dated 31st January 2003 had not been prosecuted since 19th December 2011 and that no steps had been taken to move it forward. The affidavit of service showed that the application for dismissal was served on the respondents' advocates, and no reply was filed. As the application was unopposed and there was clear delay, the court exercised its discretion to allow the application for dismissal for want of prosecution, with costs to the applicant.
Court Disposition
application allowed
Orders
- The application dated 18th February 2013 is allowed.
- The application dated 31st January 2003 is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 208 OF 2003
IN THE MATTER OF THE ESTATE OF MUNGAI WAMWEA(DECEASED)
NGUGI MUNGAI……………...….1ST PETITIONER/RESPONDENT
NJOGU MUNGAI……………….2ND PETITIONER/RESPONDENT
VERSUS
DAVID KAMANDE JEREMIAH…………..….INTERESTED PARTY
RULING
1. The application dated 18th February 2013 seeks dismissal of the application dated 31st January 2003 for want of prosecution. It is stated that the application was last in court on 19th December 2011. No steps have been taken to prosecute in since then.
2. There is on record an affidavit of service sworn on 29th April 2013 and filed in court on the same date purporting that the application dated 18th February 2013 was served on the advocates for the respondents on 14th March 2013. No reply was filed and therefore the said application is unopposed.
3. The application dated 18th February 2013 is hereby allowed with costs to the applicant.
DATED, SIGNED and DELIVERED at NAIROBI this 28th DAY OF November 2014.
W. MUSYOKA
JUDGE
In the presence of Mr. Njenga advocate for the respondents.