[2024] KEHC 6683 (KLR)
The court found that the application dated 30th June 2003 seeking transfer of Nyando RMCC No. 71 of 2001 was never prosecuted. In accordance with the Civil Procedure Rules, applications that are not prosecuted may be dismissed for want of prosecution. The court exercised its discretion to dismiss the application and...
Source-derived case information.
- Citation
- [2024] KEHC 6683 (KLR)
- Parties
- Applicant: Isaac Chege Kamau; Applicant: Samwel Nyutu Kamau; Respondent: Diomisio Njeru Mimiu; Defendant: Fahari Building & Civil Engineering Ltd; Defendant: Dick Obel Otieno
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 150 of 2003
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Transfer of Suit
- Outcome
- application dismissed for want of prosecution
- Judges
- RE Aburili
- Legal Topics
- Transfer of Suit, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Isaac Chege Kamau
Applicant
Samwel Nyutu Kamau
Applicant
Diomisio Njeru Mimiu
Respondent
Fahari Building & Civil Engineering Ltd
Defendant
Dick Obel Otieno
Defendant
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Transfer of Suit
Legal Issues
- 1 Whether the application for transfer of Nyando RMCC No. 71 of 2001 should be allowed.
- 2 Whether the application should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the application dated 30th June 2003 seeking transfer of Nyando RMCC No. 71 of 2001 was never prosecuted. In accordance with the Civil Procedure Rules, applications that are not prosecuted may be dismissed for want of prosecution. The court exercised its discretion to dismiss the application and ordered that there be no orders as to costs. The file was ordered closed for archiving.
Court Disposition
application dismissed for want of prosecution
Orders
- The application dated 30th June 2003 is dismissed for want of prosecution.
- No orders as to costs.
Full Case Text
Judgment text and source record
25 paragraphs
Kamau & another v Mimiu; Fahari Building & Civil Engineering Ltd & another (Third party) (Miscellaneous Civil Application 150 of 2003) [2024] KEHC 6683 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6683 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 150 of 2003
RE Aburili, J
June 3, 2024
Between
Isaac Chege Kamau
1st Applicant
Samwel Nyutu Kamau
2nd Applicant
and
Diomisio Njeru Mimiu
Respondent
and
Fahari Building & Civil Engineering Ltd
Third party
Dick Obel Otieno
Third party
Ruling
1. This matter was initiated on 2nd July 2003 vide an application dated 30th June 2003 seeking to transfer Nyando RMCC No. 71 of 2001 to Vihiga Senior Resident Magistrate’s Court for hearing and determination.
2. The application was never prosecuted. It is hereby dismissed for want of prosecution with no orders as to costs.
3. The file is closed for archiving.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RDDAY OF JUNE, 2024R. E. ABURILIJUDGE