[2017] KEHC 4994 (KLR)
The court found that the applicant, James Kosgey, failed to take any meaningful steps to prosecute his application for the transfer of the suit after its initial filing. Despite being served with a notice to show cause, the applicant did not attend court on the scheduled dates or provide any explanation for the...
Source-derived case information.
- Citation
- [2017] KEHC 4994 (KLR)
- Parties
- Applicant: James Kosgey; Respondent: Maureen Wachera Macharia; Respondent: Sabina Chepkurui Biwott
- Court
- High Court
- Court Station
- High Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 11 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- dismissed for want of prosecution
- Judges
- MM Kasango
- Legal Topics
- Dismissal for Want of Prosecution, Transfer of Suit, Case Management, Delay of Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kosgey
Applicant
Maureen Wachera Macharia
Respondent
Sabina Chepkurui Biwott
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the applicant has shown sufficient cause to prevent dismissal of the suit for want of prosecution.
- 2 Whether the transfer of the Karatina Chief Magistrate Court Civil Case No. 83 of 2010 to Nanyuki Chief Magistrate Court is warranted.
Ratio Decidendi
The court found that the applicant, James Kosgey, failed to take any meaningful steps to prosecute his application for the transfer of the suit after its initial filing. Despite being served with a notice to show cause, the applicant did not attend court on the scheduled dates or provide any explanation for the delay. The court emphasized that justice should not be delayed and that the applicant's conduct demonstrated a lack of interest in pursuing the matter. Additionally, the applicant failed to disclose the status of the case before the Karatina court, raising further concerns about the appropriateness of granting the transfer. In the absence of any sufficient cause shown, the court...
Court Disposition
dismissed for want of prosecution
Orders
- The application is dismissed for want of prosecution.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NANYUKI
MISC CIVIL APPLICATION NO. 11 OF 2016
JAMES KOSGEY ….…………………….…… APPLICANT
VERSUS
MAUREEN WACHERA MACHARIA …. 1ST RESPONDENT
SABINA CHEPKURUI BIWOTT ………. 2ND RESPONDENT
RULING
1. JAMES KOSGEYfiled a Notice of Motion dated 9th September 2016 seeking for an order from this court to transfer the file of Karatina Chief Magistrate Court Civil Case No. 83 of 2010 to Nanyuki Chief Magistrate Court for trial. This matter was first filed before Nyeri High Court. On 19th September 2016 the Nyeri High Court transferred this file to Nanyuki High Court. Kosgey other than fixing a hearing date of that Notice of Motion on 6th October 2016, on which date he failed to attend court, he has taken no further action in this matter. As a consequence the court served upon Kosgey a notice to show cause why this matter should not be dismissed. The date for that Notice to Show Cause was 18th January 2017. Kosgey did not attend court on that neither did he attend court on 30th March the subsequent date for hearing of his notice to show cause.
2. On 25th May 2017 when the court set the hearing of notice to show cause Kosgey attended court and informed the court that he wished for the case in Karatina to be transferred to Nanyuki. Kosgey did not show cause why the matter should not be dismissed for want of prosecution.
3. In my view Kosgey has lost interest in this matter. He has delayed its conclusion contrary to Article 159(2) which provides that justice shall not be delayed. Further the status of the case before Karatina was not disclosed by Kosgey. It may very well be part heard before that court and the interest of justice then would not be served by ordering its transfer.
4. On the whole there is no reason shown why this matter should not be dismissed. The order of the court is that this matter is dismissed for want of prosecution. There shall be no orders as to costs since there is no evidence the respondent was ever served.
Orders accordingly.
DATED AND DELIVERED AT NANYUKI THIS 22ND DAY OF JUNE 2017.
MARY KASANGO
JUDGE
CORAM:
Before Justice Mary Kasango
Court Assistant – Njue/Mariastella
Applicant: James Kosgey ……………….………….
For Applicant …………………………………….…………
For Respondents: …...........................................
COURT
Ruling on sentence delivered in open court.
MARY KASANGO
JUDGE