[2016] KEHC 6705 (KLR)
The court did not make a determination on the merits of the application for dismissal for want of prosecution, as the parties reached a consent to withdraw the application. By consent, the application was marked as withdrawn and settled, with the plaintiff agreeing to pay the defendant assessed costs of Kshs. 5,000...
Source-derived case information.
- Citation
- [2016] KEHC 6705 (KLR)
- Parties
- Plaintiff: Kinu M'Ibutu; Defendant: Joshua Mutwiri Ntarangwi (Sued as legal Representative of the Estate of Robert Ringera)
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 48 of 2009
- Procedural Posture
- Civil Suit / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- Application marked as withdrawn and settled by consent; plaintiff to pay defendant Kshs. 5,000 in costs within 7 days; parties to comply with Order 11 CPR within 14 days.
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kinu M'Ibutu
Plaintiff
Joshua Mutwiri Ntarangwi (Sued as legal Representative of the Estate of Robert Ringera)
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the plaintiff's case should be dismissed for want of prosecution.
- 2 Whether the defendant is entitled to costs as a result of the withdrawal of the application.
Ratio Decidendi
The court did not make a determination on the merits of the application for dismissal for want of prosecution, as the parties reached a consent to withdraw the application. By consent, the application was marked as withdrawn and settled, with the plaintiff agreeing to pay the defendant assessed costs of Kshs. 5,000 within seven days. The court further ordered the parties to comply with Order 11 of the Civil Procedure Rules within fourteen days. The outcome was based on the parties' agreement and not on a contested judicial determination of the issues raised in the application.
Court Disposition
Application marked as withdrawn and settled by consent; plaintiff to pay defendant Kshs. 5,000 in costs within 7 days; parties to comply with Order 11 CPR within 14 days.
Orders
- The application is marked withdrawn and settled by consent.
- The plaintiff is ordered to pay the defendant the sum of Kshs. 5,000 within 7 days.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO 48 OF 2009(OS)
KINUU M'IBUTU ….......................................................................PLAINTIFF/RESPONDENT
VERSUS
JOSHUA MUTWIRI NTARANGWI (Sued as legal Representative
of the Estate of ROBERT RINGERA..........................................DEFENDANT/APPLICANT
R U L I N G
This application is dated 19th January, 2016 and seeks orders that:-
The Honourable Court do dismiss the Plaintiff's/Respondent's case for want of prosecution.
The Honourable Court do make such further orders as may meet the ends of justice in this case.
Costs of this application be provided for.
The application is supported by the affidavit of Joshua Mutwiri Ntarangwi, the applicant, and has the following grounds.
The Plaintiff has shown no interests (sic) at all to prosecute his case.
This case was filed merely to defeat the ends of justice.
The applicant and his siblings are suffering great loss and damages as a result of this case.
On 24/02/2016, the parties, by consent, agreed to have the application marked as withdrawn. The Plaintiff, by consent, agreed to pay the Defendant assessed costs in the sum of Kshs. 5000/= within 7 days.
The application is marked withdrawn and settled. The Plaintiff is ordered to pay the Defendant the sum of Kshs. 5000/= within 7 days of today.
The parties are ordered to fully comply with order 11, CPR within 14 days.
It is so ordered.
Delivered in Open Court at Meru this 24th day of February, 2016in the presence of:-
CC: Lilian /Daniel
Miss E.G Mwangi for the Defendant
Rimita for the Plaintiff
P. M. NJOROGE
JUDGE