[2021] KEHC 12941 (KLR)
The court found that neither party attended the hearing of the Notice to Show Cause and no steps had been taken to prosecute the suit. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution and ordered the file closed, with costs to the defendants.
Source-derived case information.
- Citation
- [2021] KEHC 12941 (KLR)
- Parties
- Plaintiff: Masts Construction Company Ltd; Defendant: Mavetech Ezco Ltd; Defendant: The County Government of Nairobi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case Case70 of 2017
- Procedural Posture
- Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- 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
Masts Construction Company Ltd
Plaintiff
Mavetech Ezco Ltd
Defendant
The County Government of Nairobi
Defendant
Procedural Posture
Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution.
Ratio Decidendi
The court found that neither party attended the hearing of the Notice to Show Cause and no steps had been taken to prosecute the suit. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution and ordered the file closed, with costs to the defendants.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution with costs.
- The file shall forthwith close.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL AND TAX DIVISION
CIVIL CASE NO. 70 OF 2017
MASTS CONSTRUCTION COMPANY LTD.......................... PLAINTIFF
VERSUS
MAVETECH EZCO LTD....................................................1ST DEFENDANT
THE COUNTY GOVERNMENT OF NAIROBI..............2ND DEFENDANT
RULING
The matter came up for hearing of Notice To Show Cause why it should not be dismissed for want of prosecution. The Notice was served by the registry.
There being no attendance by the parties, the suit is accordingly dismissed for want of prosecution with costs. The file shall forthwith close.
DATED AND DELIVERED AT NAIROBI THIS 26TH MAY, 2021
G. W. NGENYE-MACHARIA
JUDGE