[2015] KEHC 1175 (KLR)
The court found that neither party had shown sufficient cause to prevent dismissal of the suit for want of prosecution. The plaintiff's advocates had not been able to trace their client and had not advanced any substantive reason for the delay. The defendants also did not demonstrate eagerness to have the suit heard...
Source-derived case information.
- Citation
- [2015] KEHC 1175 (KLR)
- Parties
- Plaintiff: Karuthu Magiri alias Mary Magiri (Suing as the administratrix of the estate of M’Magiri M’Anampiu); Defendant: John Kaburu Magiri; Defendant: Settlement Funds Trustee; Defendant: M’Rutere M’Ngurathi; Defendant: Florence Muthoni Abira Charles
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 14 of 2006
- Procedural Posture
- Civil Suit / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Order 17 Rule 2, Non Prosecution, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Karuthu Magiri alias Mary Magiri (Suing as the administratrix of the estate of M’Magiri M’Anampiu)
Plaintiff
John Kaburu Magiri
Defendant
Settlement Funds Trustee
Defendant
M’Rutere M’Ngurathi
Defendant
Florence Muthoni Abira Charles
Defendant
Procedural Posture
Civil Suit / Ruling on Notice to Show Cause for Dismissal 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 had shown sufficient cause to prevent dismissal of the suit for want of prosecution. The plaintiff's advocates had not been able to trace their client and had not advanced any substantive reason for the delay. The defendants also did not demonstrate eagerness to have the suit heard expeditiously. Consequently, the court exercised its discretion under Order 17 Rule 2 of the Civil Procedure Rules to dismiss the suit for want of prosecution, with no order as to costs.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
- No order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO 14 OF 2006
KARUTHU MAGIRI alias MARY MAGIRI (Suing as the administratrix
of the estate of M’MAGIRI M’ANAMPIU ................................................PLAINTIFF
VERSUS
JOHN KABURU MAGIRI ....................................................................1st DEFENDANT
SETTLEMENT FUNDS TRUSTEE.......................................................2ND DEFENDANT
M’RUTERE M’NGURATHI.................................................................3RD DEFENDANT
FLORENCE MUTHONI ABIRA CHARLES .......................................4TH DEFENDANT
R U L I N G
Parties were issued with a Notice to show cause, Under Order 17 Rule 2 of the Civil Procedure Rules, why this suit should not be dismissed.
On 12/11/2015, Mr. Dickson Kimathi for the Plaintiff told the Court that his firm had filed an application to cease acting for the Plaintiff dated 30/01/2013. He told the Court that their firm had been directed to serve the application upon their Client, the Plaintiff. However, he said, they have been unable to trace him.
Mr. Muthamia told the Court that the suit should be dismissed because of non-prosecution.
I find that the parties have shown no cause to the satisfaction of this Court as to why this suit should not be dismissed. This suit is, therefore dismissed.
I award no costs as the defendants have not demonstrated their eagerness to have the suit heard expeditiously.
It is so ordered.
Delivered in open Court at Meru this 12th day of November, 2015 in the presence of:
CC: Lilian /Daniel
Dickson Kimathi for Plaintiffs
Muthamia for Defendants
P. M. NJOROGE
JUDGE