[2018] KEHC 9338 (KLR)
The court found that the plaintiff had taken steps to prosecute the case, including fixing mention dates in 2016, 2017, and 2018, and appearing for pre-trial directions. The record showed that the case was not dormant, and the delay alleged by the applicants was not supported by the facts. The application to dismiss...
Source-derived case information.
- Citation
- [2018] KEHC 9338 (KLR)
- Parties
- Plaintiff: Hon. Mary Wambui Munene; Defendant: Wilfred Nyaga; Defendant: Moses Michira; Defendant: The Standard Group Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 178 of 2015
- Procedural Posture
- Civil Case / Ruling on Application to Dismiss for Want of Prosecution
- Outcome
- application dismissed with costs
- Judges
- BT Jaden
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Case Management, Prejudice to Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hon. Mary Wambui Munene
Plaintiff
Wilfred Nyaga
Defendant
Moses Michira
Defendant
The Standard Group Limited
Defendant
Procedural Posture
Civil Case / Ruling on Application to Dismiss for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to alleged inordinate delay by the plaintiff.
- 2 Whether the delay in prosecuting the suit was inexcusable and prejudicial to the defendants.
Ratio Decidendi
The court found that the plaintiff had taken steps to prosecute the case, including fixing mention dates in 2016, 2017, and 2018, and appearing for pre-trial directions. The record showed that the case was not dormant, and the delay alleged by the applicants was not supported by the facts. The application to dismiss the suit for want of prosecution was therefore without merit and was dismissed with costs to the respondent.
Court Disposition
application dismissed with costs
Orders
- The application dated 23rd March, 2018 is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
HIGH COURT CIVIL CASE NO. 178 OF 2015
HON. MARY WAMBUI MUNENE................PLAINTIFF/RESPONDENT
VERSUS
WILFRED NYAGA....................................1ST DEFENDANT/APPLICANT
MOSES MICHIRA...................................2ND DEFENDANT/ APPLICANT
THE STANDARD GROUP LIMITED...3RD DEFENDANT/ APPLICANT
RULING
1. The Application dated 23rd March, 2018 seeks orders that the suit herein be dismissed for want of prosecution.
2. It is stated in the grounds and the affidavit in support of the application that it’s been more than one year without the Respondent having taken any steps to prosecute this case. That the delay herein is inordinate and inexcusable and connotes that the Plaintiff has lost interest in the matter. That the delay is prejudicial to the Applicant as memories fade and witnesses may no longer be available.
3. The application is opposed. It is stated in the replying affidavit that the application is premature as the case has been active with the last mention having been on 14th April, 2018.
4. During the hearing of the appeal, the counsels relied on the affidavits filed. I have considered the said affidavits. I have also perused the court file. It is noted that the Respondent’s side has visited the registry and fixed mention dates twice in the year 2016 and once in the year 2017. The case was again fixed for mention on 13th February, 2018. On 13th February, 2018 the Respondent’s counsel appeared before the Deputy Registrar for the pre-trial directions. The case has therefore not been dormant. It seems the Applicant’s side did not acquaint themselves with the record before filing the application at hand.
5. The upshot is that the application is dismissed with costs.
Date, signed and delivered at Nairobi this 19th day of July, 2018
B. THURANIRA JADEN
JUDGE