[2025] KEHC 6159 (KLR)
The court dismissed the Notice of Motion application dated 24th March, 2025 because neither the applicant nor their counsel attended court or provided any explanation for their absence. Additionally, there was no evidence of service of the application upon the respondents, as no Affidavit of Service was filed. The...
Source-derived case information.
- Citation
- [2025] KEHC 6159 (KLR)
- Parties
- Applicant: Mohamed Hassan Isack & another; Respondent: Joy Alice Njeri Nduta; Respondent: Alice Njeri
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case E051 of 2024
- Procedural Posture
- Miscellaneous Civil Case / Ruling on Notice of Motion for Non Attendance
- Outcome
- Notice of Motion application dated 24th March, 2025 dismissed for non-attendance.
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Non Attendance, Notice of Motion, Affidavit of Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamed Hassan Isack & another
Applicant
Joy Alice Njeri Nduta
Respondent
Alice Njeri
Respondent
Procedural Posture
Miscellaneous Civil Case / Ruling on Notice of Motion for Non Attendance
Legal Issues
- 1 Whether the Notice of Motion application dated 24th March, 2025 should be dismissed for non-attendance by the applicant.
- 2 Whether there was compliance with service requirements for the application.
Ratio Decidendi
The court dismissed the Notice of Motion application dated 24th March, 2025 because neither the applicant nor their counsel attended court or provided any explanation for their absence. Additionally, there was no evidence of service of the application upon the respondents, as no Affidavit of Service was filed. The court exercised its discretion under Order 12 Rule 1 of the Civil Procedure Rules to dismiss the application for non-attendance, emphasizing the importance of compliance with procedural requirements and attendance at scheduled hearings.
Court Disposition
Notice of Motion application dated 24th March, 2025 dismissed for non-attendance.
Orders
- The Notice of Motion application dated 24th March, 2025 is dismissed for non-attendance pursuant to Order 12 Rule 1 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
21 paragraphs
Isack & another v Nduta & another (Suing as the Legal Representatives of the Estate of Tabitha Nduta Kago (Deceased)) (Miscellaneous Civil Case E051 of 2024) [2025] KEHC 6159 (KLR) (7 May 2025) (Ruling)
Neutral citation: [2025] KEHC 6159 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Civil Case E051 of 2024
DO Chepkwony, J
May 7, 2025
Between
Mohamed Hassan Isack & another
Applicant
and
Joy Alice Njeri Nduta
1st Respondent
Alice Njeri
2nd Respondent
Suing as the Legal Representatives of the Estate of Tabitha Nduta Kago (Deceased)
Ruling
1. The matter is for mention for parties to confirm compliance of directions issued on 25th Marc, 2025 in respect of the Notice of Motion application dated 24th March, 2025. However, there is no response filed to the application since it appears the same was not even served upon the Respondents as there is no Affidavit of Service.
2. The Applicant and or counsel have also not attended court or sent representation to explain their absence.
3. In the circumstances, the Notice of Motion application dated 24th March, 2025 be and is hereby dismissed for non attendance pursuant to Order 12 Rule 1 of the Civil Procedure Rules.
It is so ordered.RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 7TH DAY OF MAY , 2025. D. O. CHEPKWONYJUDGE