[2019] KEHC 512 (KLR)

[2019] KEHC 512 (KLR)

The court found that the plaintiff and its representatives failed to attend court for the hearing of the main suit. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for non-attendance. The absence of the plaintiff or its witnesses meant there was no prosecution of...

Source-derived case information.

Citation
[2019] KEHC 512 (KLR)
Parties
Appellant: Kenya Alliance Insurance Co. Ltd; Respondent: Rose Achieng Abdullah
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Case Number
Civil Suit 1 of 2017
Procedural Posture
Civil Suit / Ruling on Non Attendance
Outcome
Suit dismissed for non-attendance. No order as to costs.
Judges
RE Aburili
Legal Topics
Dismissal for Non Attendance, Prosecution of Suit, Costs Orders
Source Language
en
Civil Procedure Dismissal for Non Attendance Prosecution of Suit Costs Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kenya Alliance Insurance Co. Ltd

Appellant

Rose Achieng Abdullah

Respondent

Procedural Posture

Civil Suit / Ruling on Non Attendance

Legal Issues

  1. 1 Whether the suit should be dismissed for non-attendance by the plaintiff or its representatives.
  2. 2 Whether any orders as to costs should be made.

Ratio Decidendi

The court found that the plaintiff and its representatives failed to attend court for the hearing of the main suit. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for non-attendance. The absence of the plaintiff or its witnesses meant there was no prosecution of the matter, justifying dismissal. The court further exercised its discretion not to award costs to any party.

Court Disposition

Suit dismissed for non-attendance. No order as to costs.

Orders

  • The suit is dismissed for non-attendance to prosecute.
  • No orders as to costs.