[2024] KEHC 8646 (KLR)
The court found that the applicant had failed to take any steps to prosecute the notice of motion application for a period of 20 years. This prolonged inaction was deemed sufficient evidence that the applicant had lost interest in the matter. To prevent further abuse of the court process and to promote the...
Source-derived case information.
- Citation
- [2024] KEHC 8646 (KLR)
- Parties
- Applicant: Linear Bus Co. Ltd. & 2 others; Respondent: Jones Nakitare Okile
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 290 of 2004
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Notice of Motion for Want of Prosecution
- Outcome
- application dismissed for want of prosecution
- Judges
- MS Shariff
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Linear Bus Co. Ltd. & 2 others
Applicant
Jones Nakitare Okile
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Notice of Motion for Want of Prosecution
Legal Issues
- 1 Whether the application should be dismissed for want of prosecution due to prolonged inaction by the applicant.
Ratio Decidendi
The court found that the applicant had failed to take any steps to prosecute the notice of motion application for a period of 20 years. This prolonged inaction was deemed sufficient evidence that the applicant had lost interest in the matter. To prevent further abuse of the court process and to promote the expeditious disposal of cases, the court exercised its inherent jurisdiction to dismiss the application for want of prosecution and ordered the file closed.
Court Disposition
application dismissed for want of prosecution
Orders
- The notice of motion application dated 26th October, 2004 is dismissed for want of prosecution.
- This file is marked as closed.
Full Case Text
Judgment text and source record
17 paragraphs
Linear Bus Co. Ltd. & 2 others v Okile (Miscellaneous Civil Application 290 of 2004) [2024] KEHC 8646 (KLR) (18 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8646 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 290 of 2004
MS Shariff, J
July 18, 2024
Between
Linear Bus Co. Ltd. & 2 others
Applicant
and
Jones Nakitare Okile
Respondent
Ruling
1. Whereas the Applicant herein filed a notice of motion application dated 26th October, 2004 the same has not been prosecuted in the 20 years period that it has been alive in this court and it is thus apparent that the Applicant has lost interest in his application wherefore I hereby dismiss it for want of prosecution.
2. This file is marked as closed.
DATED, SIGNED AND DELIVERED THIS 18THDAY OF JULY, 2024. M. S. SHARIFFJUDGE