[2024] KEHC 10105 (KLR)

[2024] KEHC 10105 (KLR)

The court found that notice of intention to dismiss for want of prosecution had been served as required by law, and in the absence of both parties at the hearing, there was no justification to keep the matter pending. Accordingly, the suit was dismissed forthwith for want of prosecution, with no order as to costs.

Source-derived case information.

Citation
[2024] KEHC 10105 (KLR)
Parties
Applicant: Edward Gacau Kariuki; Respondent: Kinde Engineering Works Ltd
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Case Number
Miscellaneous Case 85 of 2020
Procedural Posture
Miscellaneous Case / Ruling on Dismissal for Want of Prosecution
Outcome
Suit dismissed for want of prosecution.
Judges
RN Nyakundi
Legal Topics
Dismissal for Want of Prosecution, Order 17 Rule 2, Case Management
Source Language
en
Civil Procedure Dismissal for Want of Prosecution Order 17 Rule 2 Case Management

Source-derived case record

Summary, issues, holding and outcome

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Parties

Edward Gacau Kariuki

Applicant

Kinde Engineering Works Ltd

Respondent

Procedural Posture

Miscellaneous Case / Ruling on Dismissal for Want of Prosecution

Legal Issues

  1. 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 notice of intention to dismiss for want of prosecution had been served as required by law, and in the absence of both parties at the hearing, there was no justification to keep the matter pending. Accordingly, the suit was dismissed forthwith for want of prosecution, with no order as to costs.

Court Disposition

Suit dismissed for want of prosecution.

Orders

  • The suit is dismissed forthwith for want of prosecution.
  • There shall be no order as to costs.