[2025] KEHC 1663 (KLR)
The court found that since the last substantive action on 14th May, 2024, no steps had been taken by either party to prosecute the case. Despite being served with a Notice to Show Cause, neither the plaintiffs nor the defendant appeared or offered any explanation. The plaintiffs' counsel had previously indicated a...
Source-derived case information.
- Citation
- [2025] KEHC 1663 (KLR)
- Parties
- Plaintiff: Josphat Chege Macharia; Plaintiff: Joykisco Enterprises Limited; Defendant: Equity Bank Limited
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E017 of 2022
- Procedural Posture
- Commercial 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 Management, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Josphat Chege Macharia
Plaintiff
Joykisco Enterprises Limited
Plaintiff
Equity Bank Limited
Defendant
Procedural Posture
Commercial Case / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2 of the Civil Procedure Rules.
Ratio Decidendi
The court found that since the last substantive action on 14th May, 2024, no steps had been taken by either party to prosecute the case. Despite being served with a Notice to Show Cause, neither the plaintiffs nor the defendant appeared or offered any explanation. The plaintiffs' counsel had previously indicated a possible settlement and sought time to file a consent order, but failed to do so. The court concluded that the plaintiffs had lost interest in the matter, and in accordance with Order 17 Rule 2 of the Civil Procedure Rules, it was appropriate 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
23 paragraphs
Macharia & another v Equity Bank Limited (Commercial Case E017 of 2022) [2025] KEHC 1663 (KLR) (27 January 2025) (Ruling)
Neutral citation: [2025] KEHC 1663 (KLR)
Republic of Kenya
In the High Court at Kiambu
Commercial Case E017 of 2022
DO Chepkwony, J
January 27, 2025
Between
Josphat Chege Macharia
1st Plaintiff
Joykisco Enterprises Limited
2nd Plaintiff
and
Equity Bank Limited
Defendant
Ruling
1. The matter is for mention for parties to show cause why the case should not be dismissed for want of prosecution following a Notice to Show Cause issued on 18th November, 2024.
2. There is no appearance by either party and or their respective counsel despite having been aware and or served with the said Notice to Show Cause.
3. I have perused the record and established that since 14th May, 2024, when the court issued directions on disposal of the Notice of Motion application dated 13th December, 2022, no substantive action has been taken or proceeded in this case.
4. Infact, the Applicant and or his counsel have failed to attend court onseveral occasions and on 24th June, 2024, Mr. Kimani counsel for the Plaintiffs/Applicants indicated that his clients may have settled the claim and sought for three (3) weeks to enable them file a Consent Order.
5. It is worth noting that since then, this Consent has not been filed and nothing substantive has taken place in the matter.
6. From this conduct, it is clear the Plaintiffs/Applicants have lost interest in this case. And for this reason, it is only prudent that the same be dismissed for want of prosecution as per the provision of Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 27TH DAY OF JANUARY, 2025. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partyCourt Assistant - Martin