[2013] KEHC 3001 (KLR)

[2013] KEHC 3001 (KLR)

The court found that since the appellant's application dated 5th June, 2013 was not prosecuted on the date fixed for hearing, there was no basis to allow it to remain pending. The only appropriate course was to dismiss the application for want of prosecution. No order as to costs was made.

Source-derived case information.

Citation
[2013] KEHC 3001 (KLR)
Parties
Appellant: M'Chabari M'Itaru; Respondent: Mary Kaburo M'Njuki
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
? 26 of 2012
Procedural Posture
Elc Case / Ruling on Interlocutory Application
Outcome
appellant's application dismissed for non-prosecution
Judges
FM Njoroge
Legal Topics
Dismissal of Application, Non Prosecution, Interlocutory Applications
Source Language
en
Civil Procedure Dismissal of Application Non Prosecution Interlocutory Applications

Source-derived case record

Summary, issues, holding and outcome

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Parties

M'Chabari M'Itaru

Appellant

Mary Kaburo M'Njuki

Respondent

Procedural Posture

Elc Case / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the appellant's application dated 5th June, 2013 should be dismissed for non-prosecution.

Ratio Decidendi

The court found that since the appellant's application dated 5th June, 2013 was not prosecuted on the date fixed for hearing, there was no basis to allow it to remain pending. The only appropriate course was to dismiss the application for want of prosecution. No order as to costs was made.

Court Disposition

appellant's application dismissed for non-prosecution

Orders

  • The appellant's application dated 5th June, 2013 is dismissed.
  • No order as to costs.