[2024] KEHC 6104 (KLR)
The court found that there had been no activity on the file since September 2021 and that neither party nor their counsel attended the scheduled mentions or provided any explanation for their absence. The lack of prosecution and non-attendance indicated a loss of interest in the suit by both parties. Consequently,...
Source-derived case information.
- Citation
- [2024] KEHC 6104 (KLR)
- Parties
- Applicant: Lumumba & Lumumba Advocates; Respondent: Africa Merchant Assurance Company
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 174 of 2019
- Procedural Posture
- Civil Case / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Case Management, Non Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lumumba & Lumumba Advocates
Applicant
Africa Merchant Assurance Company
Respondent
Procedural Posture
Civil Case / 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 due to inactivity by the parties.
- 2 Whether the absence of parties or their counsel at the scheduled mention justifies dismissal of the suit.
Ratio Decidendi
The court found that there had been no activity on the file since September 2021 and that neither party nor their counsel attended the scheduled mentions or provided any explanation for their absence. The lack of prosecution and non-attendance indicated a loss of interest in the suit by both parties. Consequently, 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 as per Order 17 Rule 2 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
18 paragraphs
Lumumba & Lumumba Advocates v Africa Merchant Assurance Company (Civil Case 174 of 2019) [2024] KEHC 6104 (KLR) (14 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6104 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Case 174 of 2019
DO Chepkwony, J
May 14, 2024
Between
Lumumba & Lumumba Advocates
Applicant
and
Africa Merchant Assurance Company
Respondent
Ruling
1. This matter is scheduled for mention for parties to show cause why the suit should not be dismissed for want of prosecution, a Notice to Show Cause having been issued on 25th July, 2023, 24th October, 2023 and 6th February, 2024 respectively. Neither party nor their respective counsel are in attendance. There is even no representation to explain their absence despite the matter having been cause-listed for mention today.
2. I have perused the record and established that there has been no activity on the file since 9th September, 2021 when a Notice of Motion application dated 4th September, 2021 was scheduled for fixing of a hearing date in the Registry by the court. The matter was then fixed for hearing on 25th July, 2023 but on this day, there was no attendance by either party and or their respective counsel.
3. There being no appearance by the parties and in their counsel and there being no explanation as to their failing to have the application prosecuted, I find the parties have lost interest in the case. A result of which the suit is dismissed for want of prosecution as per the provision of Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.
RULING DATED AND SIGNED AT KIAMBU THIS 14TH DAY OF MAY 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partiesCourt Assistant - Martin