[2024] KEHC 6736 (KLR)
The court found that the applicants failed to comply with directions to serve the application and did not attend court on multiple occasions. There was no evidence of service or response filed, and neither party attended the scheduled hearings, including the show cause hearing. The court concluded that the...
Source-derived case information.
- Citation
- [2024] KEHC 6736 (KLR)
- Parties
- Applicant: Stephen Njoroge Kamenwa; Applicant: Josephine Nyaboke Mogaka; Respondent: Josephine Nyaboke Mogaka; Respondent: Huoka Hakale Okia Halisa
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 207 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Abandonment for Want of Prosecution
- Outcome
- application marked as abandoned; file closed
- Judges
- PN Gichohi
- Legal Topics
- Abandonment of Suit, Want of Prosecution, Case Management, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Njoroge Kamenwa
Applicant
Josephine Nyaboke Mogaka
Applicant
Josephine Nyaboke Mogaka
Respondent
Huoka Hakale Okia Halisa
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Abandonment for Want of Prosecution
Legal Issues
- 1 Whether the application dated 12th May 2023 should be marked as abandoned for want of prosecution.
- 2 Whether the file should be closed due to non-attendance and lack of interest by the applicants.
Ratio Decidendi
The court found that the applicants failed to comply with directions to serve the application and did not attend court on multiple occasions. There was no evidence of service or response filed, and neither party attended the scheduled hearings, including the show cause hearing. The court concluded that the applicants had lost interest in prosecuting the matter. Pursuant to Sections 1A and 1B of the Civil Procedure Act, which empower the court to facilitate the just, expeditious, proportionate, and affordable resolution of civil disputes, the court marked the application as abandoned and ordered the file closed.
Court Disposition
application marked as abandoned; file closed
Orders
- The application dated 12th May 2023 is marked as abandoned.
- The file is marked as closed.
Full Case Text
Judgment text and source record
27 paragraphs
Kamenwa & another v Mogaka & another (Miscellaneous Application 207 of 2023) [2024] KEHC 6736 (KLR) (10 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6736 (KLR)
Republic of Kenya
In the High Court at Nakuru
Miscellaneous Application 207 of 2023
PN Gichohi & PN Gichohi, JJ
June 10, 2024
Between
Stephen Njoroge Kamenwa
1st Applicant
Josephine Nyaboke Mogaka
2nd Applicant
and
Josephine Nyaboke Mogaka
1st Respondent
Huoka Hakale Okia Halisa
2nd Respondent
Ruling
1. This matter has come severally before court since directions were given by High Court on 15/06/2023 in regard to the application dated 12/5/2023. It was to be served for interpartes hearing on 11/7/2023.
2. The matter had been brought under certificate of urgency.
3. There was no evidence of service as directed and there was no response filed.
4. There was no attendance on 11/7/2023, 4/12/2023, 19/2/2024 and 6/5/2024 prompting this court to issue Notice to parties under Section 1A and 1B of Civil Procedure Act to show cause on 10/6/2024 as to why this application should not be marked as abandoned and file closed.
5. Parties did not attend court today either.
6. In the circumstances this court takes it that the Applicant has lost interest in the matter.
7. Under section 1A and 1B of the Civil Procedure Act, application dated 12th May, 2023 be and is hereby marked as abandoned.
8. The file is also marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 10THDAY OF JUNE, 2024. PATRICIA GICHOHIJUDGEIn the presence of:N/A for parties.Ruto - Court Assistant.