[2024] KEHC 4777 (KLR)
The court found that neither party nor their counsel attended the hearing of the Notice to Show Cause, nor did they file any response explaining their absence. The last attendance by the parties was on 15/11/2021, and since then, no action had been taken to progress the suit. In accordance with Order 17 Rule 2 of...
Source-derived case information.
- Citation
- [2024] KEHC 4777 (KLR)
- Parties
- Applicant: James Njoroge Kariuki; Respondent: Job Waweru Kariuki & 9 others
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Case 53 of 2018
- Procedural Posture
- Miscellaneous 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, Order 17 Rule 2, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Njoroge Kariuki
Applicant
Job Waweru Kariuki & 9 others
Respondent
Procedural Posture
Miscellaneous 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 under Order 17 Rule 2 of the Civil Procedure Rules.
Ratio Decidendi
The court found that neither party nor their counsel attended the hearing of the Notice to Show Cause, nor did they file any response explaining their absence. The last attendance by the parties was on 15/11/2021, and since then, no action had been taken to progress the suit. 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, as there was no justification provided for the delay or inaction by the parties.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution as per Order 17 Rule 2 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
18 paragraphs
Kariuki v Kariuki & 9 others (Miscellaneous Civil Case 53 of 2018) [2024] KEHC 4777 (KLR) (2 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4777 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Civil Case 53 of 2018
DO Chepkwony, J
May 2, 2024
Between
James Njoroge Kariuki
Applicant
and
Job Waweru Kariuki & 9 others
Respondent
Ruling
1. This matter is for mention for parties to Show Cause why the suit should not be dismissed for want of prosecution, the Notice to Show Cause having been issued on 25/1/2024 and served upon the counsel for the parties on 29/1/2024. Neither party nor their respective counsel are in attendance. There is no representation to explain their absence and neither is there any response filed by either party.
2. I have perused the court record and established that the last time the parties herein attended court was on 15/11/2021 when the matter was fixed for further mention on 2/2/2022 in the presence of counsel for the Applicants who requested for the said mention date after confirming that parties had signed the transfer documents.
3. In the circumstances, the suit is dismissed for want of prosecution as per the provision of Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.
RULING DELIVERED, DATED AND SIGNED AT KIAMBU THIS 2nd DAY OF MAY, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either paryCourt Assistant - Martin