[2024] KEHC 13452 (KLR)
The court found that there had been no activity in the matter since 24th November, 2022, and that even after the Notice to Show Cause was issued and extended, neither party nor their counsel took any action to prosecute the suit or demonstrate interest. The absence of both parties and their advocates at the mention...
Source-derived case information.
- Citation
- [2024] KEHC 13452 (KLR)
- Parties
- Plaintiff: George Karimi; Defendant: Xplico Insurance Co Ltd; Interested Party: Simon Wainaina
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Case E008 of 2021
- Procedural Posture
- Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Case Backlog Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Karimi
Plaintiff
Xplico Insurance Co Ltd
Defendant
Simon Wainaina
Interested Party
Procedural Posture
Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to inactivity by the parties.
Ratio Decidendi
The court found that there had been no activity in the matter since 24th November, 2022, and that even after the Notice to Show Cause was issued and extended, neither party nor their counsel took any action to prosecute the suit or demonstrate interest. The absence of both parties and their advocates at the mention date further confirmed the lack of interest. To prevent backlog and in accordance with Order 17 Rule 2 of the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution pursuant to Order 17 Rule 2 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
21 paragraphs
Karimi v Xplico Insurance Co Ltd; Wainaina (Interested Party) (Civil Case E008 of 2021) [2024] KEHC 13452 (KLR) (15 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13452 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Case E008 of 2021
DO Chepkwony, J
October 15, 2024
Between
George Karimi
Plaintiff
and
Xplico Insurance Co Ltd
Defendant
and
Simon Wainaina
Interested Party
Ruling
1. The matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution, a Notice to Show Cause having been taken out on 15th May, 2024 and extended on 23rd September, 2024. Neither party nor their respective advocates are in attendance. There is even no representation to explain their absence.
2. It is worth-noting that the Notice to Show Cause was taken out when it was realised that there had been no activity on the matter since 24th November, 2022. And even after the Notice to Show Cause was taken out, no action has been taken by either party or their respective counsel to demonstrate an interest in having the suit prosecuted. It is clear that the parties have lost interest in having the case prosecuted.
3. And so as to unclog the court’s system of backlog, I proceed to dismiss the suit for want of prosecution pursuant to Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 15TH DAY OFOCTOBER , 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance by and for either partyCourt Assistant - Martin