[2024] KEHC 15063 (KLR)
The court found that there had been no activity on the file since 18th December, 2020, and that despite being served with a Notice to Show Cause, neither party nor their counsel attended court or provided any explanation for their absence. The court concluded that the lack of response and absence of the parties...
Source-derived case information.
- Citation
- [2024] KEHC 15063 (KLR)
- Parties
- Plaintiff: Jeniffer Njeri Kuria; Respondent: Regent Auctioneers; Respondent: Techspa General Supplies Limited; Respondent: William Kuria Josiah; Respondent: Bank Of Africa (Kenya) Limited
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Case E5 of 2020
- Procedural Posture
- Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Case Backlog Management, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeniffer Njeri Kuria
Plaintiff
Regent Auctioneers
Respondent
Techspa General Supplies Limited
Respondent
William Kuria Josiah
Respondent
Bank Of Africa (Kenya) Limited
Respondent
Procedural Posture
Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to inactivity by the parties.
Ratio Decidendi
The court found that there had been no activity on the file since 18th December, 2020, and that despite being served with a Notice to Show Cause, neither party nor their counsel attended court or provided any explanation for their absence. The court concluded that the lack of response and absence of the parties indicated a loss of interest in prosecuting the suit. To prevent clogging the court system with inactive cases, the court exercised its discretion under Order 17 Rule 2 of the Civil Procedure Rules to dismiss the suit for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution pursuant to Order 17 Rule (2) of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
25 paragraphs
Kuria v Regent Auctioneers & 3 others (Civil Case E5 of 2020) [2024] KEHC 15063 (KLR) (26 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15063 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Case E5 of 2020
DO Chepkwony, J
November 26, 2024
Between
Jeniffer Njeri Kuria
Plaintiff
and
Regent Auctioneers
1st Respondent
Techspa General Supplies Limited
2nd Respondent
William Kuria Josiah
3rd Respondent
Bank Of Africa (Kenya) Limited
4th Respondent
Ruling
1. The matter is scheduled for mention for parties to show cause why the suit should not be dismissed for want of prosecution. Neither party nor their counsel have attended court. They have not even sent representation to explain their absence.
2. The Notice to Show Cause issued after the court noted that there had been no activity on the file since 18th December, 2020. And with the lack of response and absence of the parties herein despite having been served with the said Notice to Show Cause, it is clear indication that the parties have lost interest in having this suit prosecuted.
3. In the circumstances, it is only prudent that the court system be unclogged of backlog. Therefore, this suit is dismissed for want of prosecution pursuant to Order 17 Rule (2) of the Civil Procedure Rules.
It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 26TH DAY OF …NOVEMBER , 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and either partyCourt Assistant - Martin