[2019] KEHC 2204 (KLR)
The court found that the respondents had failed to take any steps to prosecute their summons for revocation of grant since its filing in 2006. The prolonged inaction amounted to want of prosecution. The court exercised its discretion to dismiss the summons for want of prosecution, holding that the applicants were...
Source-derived case information.
- Citation
- [2019] KEHC 2204 (KLR)
- Parties
- Applicant: Irene Kutsushi; Applicant: William Kadima; Applicant: Joseph Mudenyo; Respondent: Herman Mulama Mudenyo; Respondent: Joseph Shitawa Mudenyo
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 40 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Motion to Dismiss for Want of Prosecution
- Outcome
- application allowed; summons for revocation of grant dismissed for want of prosecution
- Judges
- DN Musyoka
- Legal Topics
- Dismissal for Want of Prosecution, Revocation of Grant, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Irene Kutsushi
Applicant
William Kadima
Applicant
Joseph Mudenyo
Applicant
Herman Mulama Mudenyo
Respondent
Joseph Shitawa Mudenyo
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Motion to Dismiss for Want of Prosecution
Legal Issues
- 1 Whether the summons for revocation of grant should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the respondents had failed to take any steps to prosecute their summons for revocation of grant since its filing in 2006. The prolonged inaction amounted to want of prosecution. The court exercised its discretion to dismiss the summons for want of prosecution, holding that the applicants were entitled to the orders sought and to costs. The trial court file was ordered returned to the Butere registry for finalisation, and the High Court file was to be closed.
Court Disposition
application allowed; summons for revocation of grant dismissed for want of prosecution
Orders
- The summons for revocation of grant dated 30th March 2006 is dismissed for want of prosecution.
- The applicants to the Motion dated 11th March 2015 shall have the costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
MISCELLANEOUS CIVIL APPLICATION NO. 40 OF 2006
IRENE KUTSUSHI......................................................................1ST APPLICANT
WILLIAM KADIMA...................................................................2ND APPLICANT
JOSEPH MUDENYO.................................................................3RD APPLICANT
VERSUS
HERMAN MULAMA MUDENYO.........................................1ST RESPONDENT
JOSEPH SHITAWA MUDENYO............................................2ND RESPONDENT
RULING
1. The applicants moved the court by a Motion dated 11th March 2015, seeking dismissal of this cause for want of prosecution.
2. The application was filed in 2015 and since then the respondent made no effort to have their summons for revocation of grant dated 30th March 2006 prosecuted.
3. I agree with the applicants, there is want of prosecution. The summons dated 30th March 2006 has never been prosecuted since the date of its filing in 2006. It is hereby dismissed for want of prosecution. The applicants to the Motion dated 11th March 2015 shall have the costs.
4. The trial court file in Butere PMCSC No. 100 of 2003 shall be returned to the Butere registry for finalisation. The High Court file shall be closed.
DATED, SIGNED and DELIVERED at KAKAMEGA this 15th DAY OF November, 2019.
W. MUSYOKA
JUDGE