[2014] KEHC 4278 (KLR)
The court found that the plaintiff had failed to take any steps to prosecute the suit for over three years since filing a reply to the defence. The court held that such inaction demonstrated a lack of interest in pursuing the matter, and it was only equitable and just to dismiss the suit for want of prosecution. The...
Source-derived case information.
- Citation
- [2014] KEHC 4278 (KLR)
- Parties
- Plaintiff: John Mwati; Defendant: Naseem Kassam; Defendant: Zubeda Nanji
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 476 of 2009
- Procedural Posture
- Civil Suit / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- REA Ougo
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Mwati
Plaintiff
Naseem Kassam
Defendant
Zubeda Nanji
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the plaintiff's suit should be dismissed for want of prosecution due to inaction for over three years.
Ratio Decidendi
The court found that the plaintiff had failed to take any steps to prosecute the suit for over three years since filing a reply to the defence. The court held that such inaction demonstrated a lack of interest in pursuing the matter, and it was only equitable and just to dismiss the suit for want of prosecution. The court emphasized the principle that litigation must come to an end and that parties must be diligent in prosecuting their cases. Accordingly, the suit was dismissed for want of prosecution, and costs were awarded to the defendants.
Court Disposition
suit dismissed for want of prosecution
Orders
- The plaintiff's suit is dismissed for want of prosecution.
- Costs of the application are awarded to the defendants.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL SUIT NO. 476 OF 2009
JOHN MWATI…………………………………………….………..PLAINTIFF/RESPONDENT
-VERSUS-
NASEEM KASSAM.………………..……..……………….…1ST DEFENDANT/APPLICANT
ZUBEDA NANJI………………………………………...……2ND DEFENDANT/APPLICANT
RULING
The defendant’s applicants have filed the notice of motion dated the 7/10/13 seeking orders that the plaintiff’s suit be dismissed for want of prosecution. The application is brought under order 17 rules 2 & 4 of the Civil Procedure Rule 2010 Cap21 of the Laws of Kenya. The applicants also seeks costs of the application. The application is based on one ground stated on the face of the application together with the affidavit of Mr. Zubeda Nanji the 2nd defendant who has been authorized by the 1st defendant to swear the affidavit.
I have read the supporting affidavit and also perused the court files.The plaintiff/respondent was served but did not attend the hearing of the application. The plaintiff’s suit was filed in September 2009. The defendants filed appearance in October 2009 and the plaintiff filed a reply to the defence in November 2009. Since then the plaintiff has done nothing to fix the suit for hearing. It is now 3 years. It is evident that the plaintiff is not keen on prosecuting the suit and as stated it is only equitable and just in the circumstances to have the suit dismissed for want of prosecution. Litigation must come to an end.
The plaintiff’s suit is therefore dismissed for want of prosecution. Costs of the application are given to the defendant.
Orders accordingly.
Dated, signed and delivered this 7thday of March 2014.
R. E OUGO
JUDGE
In the presence of:
…………………………....……….FOR THE PLAINTIFF/RESPONDENT
………………………..…...............FOR THE DEFENDANT /APPLICANT
.………………..… ……………….FOR THE DEFENDANT/APPLICANT
……………………………….........…………..……….…COURT CLERK