[2013] KEHC 1282 (KLR)
The court found that the plaintiff had failed to take any steps to prosecute the suit for over five years since the last court order, which allowed amendment of the plaint within seven days. The plaintiff did not comply with the order to amend and serve the plaint, nor did they take any further action to move the...
Source-derived case information.
- Citation
- [2013] KEHC 1282 (KLR)
- Parties
- Plaintiff: Jane Nyambura Rumathi; Defendant: Dakianga Enterprises Ltd
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 226 of 2000
- Procedural Posture
- Civil Case / Ruling on Application for Notice to Show Cause for Want of Prosecution
- Outcome
- Notice to show cause to issue to the plaintiff for want of prosecution.
- Judges
- RPV Wendoh
- Legal Topics
- Dismissal for Want of Prosecution, Amendment of Pleadings, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Nyambura Rumathi
Plaintiff
Dakianga Enterprises Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Application for Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2(1) of the Civil Procedure Rules.
- 2 Whether the plaintiff failed to comply with the court's order to amend and serve the plaint within the stipulated period.
Ratio Decidendi
The court found that the plaintiff had failed to take any steps to prosecute the suit for over five years since the last court order, which allowed amendment of the plaint within seven days. The plaintiff did not comply with the order to amend and serve the plaint, nor did they take any further action to move the case forward. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that it was appropriate to issue a notice to show cause to the plaintiff, requiring them to explain why the suit should not be dismissed for want of prosecution. The court thus ordered the Deputy Registrar to issue the notice to the plaintiff.
Court Disposition
Notice to show cause to issue to the plaintiff for want of prosecution.
Orders
- A notice to show cause shall be issued by the Deputy Registrar to the plaintiff pursuant to Order 17 Rule 2(1) of the Civil Procedure Rules.
- The plaintiff is to show cause why the suit should not be dismissed for want of prosecution.
Full Case Text
Judgment text and source record
16 paragraphs
IN THE HIGH COURT OF KENYA
AT NAKURU
CIVIL CASE NO. 226 OF 2000
JANE NYAMBURA RUMATHI……………………...PLAINTIFF
VERSUS
DAKIANGA ENTERPRISES LTD…………..…….DEFENDANT
RULING
The notice of motion dated 29/5/2013 is brought by the defendant/applicant under Order 17 Rule 2(1) and (3)of theCivil Procedure Rules seeking an order that a notice in writing do issue on the plaintiff to show cause why this suit should not be dismissed for want of prosecution. The grounds upon which the application is predicated are that the plaintiff has not taken any steps towards prosecution of this suit for over one year; that the plaintiff was given 7 days within which to file and serve an amended plaint by J Mugo; todate they have not served the amended plaint.
I have perused the court file and do note that this matter was last before the court on 5/6/08, when the court signed its ruling in absence of the parties who had been notified of the date. In that ruling, the plaintiff was allowed to amend the plaint within 7 days. It is over 5 years since the said order was made and since then, no steps have been taken towards the prosecution of this suit. For these reasons, I hereby order that a notice to show cause do issue on the plaintiff pursuant to Order 17 Rule 2 (1) of the Civil Procedure Rules. The notice be issued by the Deputy Registrar to the plaintiff to show cause why this suit cannot be dismissed for want of prosecution. It is so ordered.
DATED and DELIVERED this 29th day of October, 2013.
R.P.V. WENDOH
JUDGE
PRESENT:
Mr. Nyambane holding for the defendant/appellant.
N/A for the plaintiff/respondent
Kennedy – Court Assistant