[2015] KEHC 1256 (KLR)
The court found that the plaintiffs failed to appear and did not show any cause as to why the suit should not be dismissed for want of prosecution. In the absence of any explanation or representation from the plaintiffs or their advocates, and upon the application by the defendants' counsel, the court exercised its...
Source-derived case information.
- Citation
- [2015] KEHC 1256 (KLR)
- Parties
- Plaintiff: Jevasia Mukwandiga Kiraithhe; Plaintiff: Henry Munene Kiraithhe; Plaintiff: Felix Kimathi Miriti; Plaintiff: Joclyne Kanyua Kiraithhe; Defendant: Paul Kiraithhe Mpiuki; Defendant: Augustine Kirimi Miriti; Defendant: Marangu Gitonga; Defendant: Lucy Kanyua Mwirichia; Defendant: Dennis Mwenda Kang'ori
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 17 of 2008
- Procedural Posture
- Civil Suit / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- Suit dismissed for want of prosecution. Costs awarded to the defendants.
- Legal Topics
- Dismissal for Want of Prosecution, Order 17 Civil Procedure Rules, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jevasia Mukwandiga Kiraithhe
Plaintiff
Henry Munene Kiraithhe
Plaintiff
Felix Kimathi Miriti
Plaintiff
Joclyne Kanyua Kiraithhe
Plaintiff
Paul Kiraithhe Mpiuki
Defendant
Augustine Kirimi Miriti
Defendant
Marangu Gitonga
Defendant
Lucy Kanyua Mwirichia
Defendant
Dennis Mwenda Kang'ori
Defendant
Procedural Posture
Civil Suit / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 of the Civil Procedure Rules.
Ratio Decidendi
The court found that the plaintiffs failed to appear and did not show any cause as to why the suit should not be dismissed for want of prosecution. In the absence of any explanation or representation from the plaintiffs or their advocates, and upon the application by the defendants' counsel, the court exercised its discretion under Order 17 of the Civil Procedure Rules to dismiss the suit. The court further awarded costs to the defendants as the successful parties in the application for dismissal.
Court Disposition
Suit dismissed for want of prosecution. Costs awarded to the defendants.
Orders
- The suit is dismissed for want of prosecution.
- Costs are awarded to the defendants.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO.17 OF 2008
JEVASIA MUKWANDIGA KIRAITHE..................................................1ST PLAINTIFF
HENRY MUNENE KIRAITHE..............................................................2ND PLAINTIFF
FELIX KIMATHI MIRITI.......................................................................3RD PLAINTIFF
JOCLYNE KANYUA KIRAITHE..........................................................4TH PLAINTIFF
VERSUS
PAUL KIRAITHE MPIUKI.................................................................1ST DEFENDANT
AUGUSTINE KIRIMI MIRITI.............................................................2ND DEFENDANT
MARANGU GITONGA......................................................................3RD DEFENDANT
LUCY KANYUA MWIRICHIA.........................................................4TH DEFENDANT
DENNIS MWENDA KANG'ORI.......................................................5TH DEFENDANT
R U L I N G
On this Court's own Motion Notice was issued for the parties to show cause why this suit should not be dismissed for want of prosecution in terms of order 17 of the Civil Procedure Rules. The Notice signed by this Court's Deputy Registrar is dated 3. 8.2015.
On 5. 10. 2015, the plaintiffs and/or their advocates were not in court. Mr. Murango Mwenda for the defendants urged the court to have the suit dismissed for want of prosecution.
I do find that no cause has been shown to the satisfaction of this court that the suit should not be dismissed. In the circumstances, this suit is dismissed.
I award costs to the defendants.
It is so ordered.
Delivered in open court at Meru this 5th day of October, 2015 in the presence of:
Cc: Lilian/Daniel
Murango Mwenda for Defendants
Plaintiff or Advocate absent
P. M. NJOROGE
JUDGE