[2014] KEHC 3554 (KLR)
The court found that the plaintiff had taken active steps to prosecute the suit, including filing an amended plaint, defence, reply to defence, and pre-trial documents. These actions demonstrated that the suit was active and on track. Therefore, the court declined to dismiss the suit for want of prosecution and...
Source-derived case information.
- Citation
- [2014] KEHC 3554 (KLR)
- Parties
- Plaintiff: Joseph Munyau Wahome; Defendant: CFC Stanbic Bank Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 535 of 2010
- Procedural Posture
- Civil Case / Notice to Show Cause Ruling
- Outcome
- Suit not dismissed; directions issued for pre-trial compliance.
- Judges
- DO Ogembo
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Pre Trial Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Munyau Wahome
Plaintiff
CFC Stanbic Bank Limited
Defendant
Procedural Posture
Civil Case / Notice to Show Cause Ruling
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2 of the Civil Procedure Rules 2010.
- 2 Whether the plaintiff has taken sufficient steps to prosecute the suit.
Ratio Decidendi
The court found that the plaintiff had taken active steps to prosecute the suit, including filing an amended plaint, defence, reply to defence, and pre-trial documents. These actions demonstrated that the suit was active and on track. Therefore, the court declined to dismiss the suit for want of prosecution and directed that pre-trial directions be concluded within 45 days to ensure the matter proceeds to hearing on its merits.
Court Disposition
Suit not dismissed; directions issued for pre-trial compliance.
Orders
- The suit shall proceed and is not dismissed for want of prosecution.
- Parties are directed to conclude pre-trial directions under Order 11 within 45 days.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL &ADMIRALTY DIVISION
CIVIL CASE NO. 535 OF 2010
JOSEPH MUNYAU WAHOME :::::::::::::::::::::::::::::::::::: PLAINTIFF
-VERSUS-
CFC STANBIC BANK LIMITED :::::::::::::::::::::::::::::::: DEFENDANT
R U L I N G
Before the court is the Notice to Show Cause dated 19th May 2014 which was served upon the parties to show cause why this suit should not be dismissed form want of prosecution under Order 17 Rule 2 Civil Procedure Rules 2010.
The Plaintiff responded to the said Notice to Show Cause vide an affidavit dated 25th June 2014 in which they have stated the steps they have taken to prosecute the suit. These steps are:-
Filing an amended Plaint dated 26th March 2013, which was filed on 3rd June 2013.
Filing a Defence dated 2nd August 2013.
Reply to defence dated 19th August 2013, and filed the same on 26th August 2013, which reply was duly served upon the Defendant’s Advocates on the same date.
On 2nd December 2013, vide a letter to the Defendant’s advocates, a statement of agreed issues and pre-trial questionnaire, were filed.
I have considered the said affidavit and I am satisfied that the suit is active and on track, and should be given a chance to proceed to conclusion on merit.
In allowing the suit to proceed I also direct the parties to conclude pre-trial directions under Order 11 within the next 45 days. The matter will be mentioned on 29th September 2014 to confirm compliance.
Orders accordingly.
DATED, READ AND DELIVERED AT NAIROBI
THIS 31ST DAY OF JULY 2014
E. K. O. OGOLA
JUDGE
PRESENT:
No appearance for Plaintiff
No appearance for Defendant
Teresia – Court Clerk