[2014] KEHC 289 (KLR)
The court found that the plaintiffs had filed the suit on 6th July 2012 and had taken no steps to prosecute it for more than two years. The prolonged inactivity amounted to abandonment of the suit. Exercising its inherent powers, the court determined that it was just and proper to dismiss the suit for want of...
Source-derived case information.
- Citation
- [2014] KEHC 289 (KLR)
- Parties
- Plaintiff: Justus Kirimi; Plaintiff: Benard Magaju Kimaru; Defendant: Julius Mburugu Rutere
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 120 B of 2012
- Procedural Posture
- Land and Environment Case / Ruling on Oral Application for Dismissal for Non Prosecution
- Outcome
- Suit dismissed for want of prosecution with costs to the defendant.
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Non Prosecution, Inherent Powers of Court, Abandonment of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justus Kirimi
Plaintiff
Benard Magaju Kimaru
Plaintiff
Julius Mburugu Rutere
Defendant
Procedural Posture
Land and Environment Case / Ruling on Oral Application for Dismissal for Non Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to inaction by the plaintiffs.
Ratio Decidendi
The court found that the plaintiffs had filed the suit on 6th July 2012 and had taken no steps to prosecute it for more than two years. The prolonged inactivity amounted to abandonment of the suit. Exercising its inherent powers, the court determined that it was just and proper to dismiss the suit for want of prosecution, as the plaintiffs had failed to demonstrate any interest in pursuing their claim.
Court Disposition
Suit dismissed for want of prosecution with costs to the defendant.
Orders
- The suit is dismissed for want of prosecution.
- Costs awarded to the defendant.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ELC NO. 120 B OF 2012
JUSTUS KIRIMI.......................................................................................1ST PLAINTIFF
BENARD MAGAJU KIMARU..................................................................2ND PLAINTIFF
VERSUS
JULIUS MBURUGU RUTERE..................................................................DEFENDANT
R U L I N G
This matter was in Court for directions on 14. 10. 2014 when counsel for the defendants made an oral application that the Court invokes its inherent powers to dismiss the suit for non- prosecution arguing that the plaintiffs had filed their suit and lost interest.
After perusing the Court file, I agree that the plaintiffs filed this suit on 6. 7.2012 and thereafter completely abandoned it. Having found that the plaintiffs had abandoned their suit for a period of more than 2 years, and had taken no step at all after filing their suit, I hereby dismiss the suit with costs to the defendant.
It is so ordered.
Delivered in Open Court at Meru this 18th Day of November, 2014 in the presence of:
Cc. Daniel/Lilian
Miss Kiome h/b Gikunda Anampiu for Defendant
P. M. NJOROGE
JUDGE