[2021] KEHC 12968 (KLR)
The court found that there was no appearance by any party despite service of the Notice to Show Cause. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution, as no steps had been taken to progress the matter. The absence of parties and lack of...
Source-derived case information.
- Citation
- [2021] KEHC 12968 (KLR)
- Parties
- Plaintiff: Makutano Contractors Limited; Defendant: Simon Mbote; Defendant: Reuben Githui; Defendant: Public-Craft International Limited; Defendant: China Communication Construction Company Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 420 of 2017
- Procedural Posture
- Civil Case / Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution with costs
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Makutano Contractors Limited
Plaintiff
Simon Mbote
Defendant
Reuben Githui
Defendant
Public-Craft International Limited
Defendant
China Communication Construction Company Ltd
Defendant
Procedural Posture
Civil Case / 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 there was no appearance by any party despite service of the Notice to Show Cause. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution, as no steps had been taken to progress the matter. The absence of parties and lack of action justified the dismissal and closure of the file, with costs awarded.
Court Disposition
suit dismissed for want of prosecution with costs
Orders
- The suit is dismissed for want of prosecution with costs.
- The file shall forthwith close.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL AND TAX DIVISION
CIVIL CASE NO. 420 OF 2017
MAKUTANO CONTRACTORS LIMITED.............................PLAINTIFF
VERSUS
SIMON MBOTE.....................................................................1ST DEFENDANT
REUBEN GITHUI.................................................................2ND DEFENDANT
PUBLIC-CRAFT INTERNATIONAL LIMITED.............3RD DEFENDANT
CHINA COMMUNICATION
CONSTRUCTION COMPANY LTD..................................4TH DEFENDANT
RULING
The matter is before court for Notice To Show Cause for dismissal for want of prosecution.
The Notice was served by the court. There being no appearance by any party, the matter is hereby dismissed for want of prosecution with costs. File shall forthwith close.
DATED AND DELIVERED AT NAIROBI THIS 24TH MAY, 2021
G. W. NGENYE-MACHARIA
JUDGE