[2001] KEHC 486 (KLR)
The court found that the plaintiff had failed to take any steps to prosecute the suit since the arbitration award was filed and read to the parties. The award was never made a judgment of the court, and despite being given time to act, the plaintiff did not do so. The defendant's application for dismissal for want...
Source-derived case information.
- Citation
- [2001] KEHC 486 (KLR)
- Parties
- Plaintiff: John Mbugua Mungai; Defendant: Nyiga Ndunda
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- ? 50 of 1994
- Procedural Posture
- Civil Case / Ruling on Application to Dismiss for Want of Prosecution
- Outcome
- Suit dismissed for want of prosecution.
- Legal Topics
- Dismissal for Want of Prosecution, Arbitration Award, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mbugua Mungai
Plaintiff
Nyiga Ndunda
Defendant
Procedural Posture
Civil Case / Ruling on Application to Dismiss for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to inaction by the plaintiff.
- 2 Whether the arbitration award should be made a judgment of the court.
Ratio Decidendi
The court found that the plaintiff had failed to take any steps to prosecute the suit since the arbitration award was filed and read to the parties. The award was never made a judgment of the court, and despite being given time to act, the plaintiff did not do so. The defendant's application for dismissal for want of prosecution was unopposed. The court held that litigation should not be allowed to drag on indefinitely without action, and therefore granted the application to dismiss the suit for want of prosecution.
Court Disposition
Suit dismissed for want of prosecution.
Orders
- The suit is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS CIVIL CASE NO. 50 OF 1994
JOHN MBUGUA MUNGAI :::::::::::::::::::::::::::::::::::::: PLAINTIFF VERSUS NYIGA NDUNDA :::::::::::::::::::::::::::::::::::::::::::::::::: DEFENDANT
Coram: J. W.Mwera J. Mrs. Nzei Advocate for Applicant/Defendant 10 N/A Advocate for Respondent C.C. Muli ********************** R U L I N G
The heading of the application dated 22. 9.2000 includes provisions of law: O.16 r. 5(d) Civil Procedure Rules and S. 3A Civil Procedure Act. By it the prayers are that the suit herein be dismissed for want of prosecution because having been filed on 8. 2.94 the plaintiff has done nothing to prosecute it. The record shows that a defence was filed on 3. 3.94 followed by summons for directions, as the procedure was then on 31. 8.94.
The matter came up for hearing on 17. 7.96 and on 24. 7.96 parties by consent referred the dispute to a District Officer (Athi River) to arbitrate. He filed his award which was read on 13. 12. 96 to the parties. It was never made a judgement of the court by either party.
On 2. 6.99 Mrs. Nzei for the defendant/applicant desired the suit to be dismissed. Mr. Mulu for the plaintiff prayed for a month to get instructions. He was given up 1. 7.99 to do so or due orders would issue.
On 16. 9.99 the defendant had filed an application dated 23. 4.99 to set aside the award. It was heard on 10. 2.2000. A ruling followed on 21. 2.2000. Setting aside of the award was refused and parties were told to do what they thought best regarding that award that has since never been made a judgement.
Mrs. Nzei applied that the suit be dismissed. In application dated 22. 9.2000 was served on Plaintiff’s lawyers. They did not appear or oppose the application.
This court has no alternative than to grant orders prayed. Mitigation should never last for ever.
Orders accordingly.
Delivered on 4th July 2001.
J. W. MWERAJUDGE