[2016] KEHC 6775 (KLR)
The Court found that both parties had provided satisfactory explanations regarding the progress of the case. The Plaintiff had closed his case and demonstrated no undue delay, while the Defendants were ready to proceed. In the circumstances, the Court was satisfied that the suit should not be dismissed for want of...
Source-derived case information.
- Citation
- [2016] KEHC 6775 (KLR)
- Parties
- Plaintiff: Kirigia Kiarunyi; Defendant: Doris Ciombaka Imathiu; Defendant: Kaburu Japhet Imathiu; Defendant: Mwiti Japhet Imathiu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 87 of 2003
- Procedural Posture
- Civil Suit / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- Suit not dismissed; parties to list for hearing within 60 days.
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kirigia Kiarunyi
Plaintiff
Doris Ciombaka Imathiu
Defendant
Kaburu Japhet Imathiu
Defendant
Mwiti Japhet Imathiu
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.
Ratio Decidendi
The Court found that both parties had provided satisfactory explanations regarding the progress of the case. The Plaintiff had closed his case and demonstrated no undue delay, while the Defendants were ready to proceed. In the circumstances, the Court was satisfied that the suit should not be dismissed for want of prosecution. The matter was ordered to be set down for hearing within 60 days.
Court Disposition
Suit not dismissed; parties to list for hearing within 60 days.
Orders
- The suit is not dismissed for want of prosecution.
- The parties are ordered to have the case listed for hearing at the Registry within 60 days of the ruling date.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO 87 OF 2003(OS)
KIRIGIA KIARUNYI...........................................PLAINTIFF
VERSUS
1. DORIS CIOMBAKA IMATHIU
2. KABURU JAPHET IMATHIU
3. MWITI JAPHET IMATHIU.....................DEFENDANTS
R U L I N G
Notice to show cause why the suit should not be dismissed for want of prosecution had been properly issued and the Hon. Justice S. Githinji on 09/07/2015 referred the matter to the DR to be mentioned on 09/09/2015. This matter has now been referred to this Court.
Mr. Mutuma for the Plaintiff has explained to this Court that the Plaintiff has closed his case. He says that there is no delay on his part. He has asked the Court to deem this as enough explanation to the satisfaction of the Court that this suit should not be dismissed.
Mrs. Ntarangwi has told the Court that the Defendant is ready to be heard.
I find that the parties have satisfied this Court that this suit should not be dismissed.
The parties are ordered to have the case listed for hearing at the Registry within 60 days of today.
It is so ordered.
Delivered in open Court at Meru this 29th day of February, 2016in the presence of:-
CC: Lilian/Daniel
Mutuma for the Plaintiff
Mrs. Ntaragwi for the Defendant
P.M. NJOROGE
JUDGE