[2007] KEHC 2148 (KLR)
The court found that the plaintiff had not taken any steps to prosecute the suit since 30th November 2001, when the amended defence was filed. The absence of any response or opposition to the application for dismissal, either by affidavit or appearance, indicated that the plaintiff was no longer interested in...
Source-derived case information.
- Citation
- [2007] KEHC 2148 (KLR)
- Parties
- Plaintiff: Mehboob Ahmed Baradia; Defendant: Wakf Commissioners of Kenya (substituted in place of the late Twahir Mohamed Twahir)
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 413 of 1998
- Procedural Posture
- Civil Suit / Application for Dismissal for Want of Prosecution
- Outcome
- Suit dismissed for want of prosecution with costs to the defendant.
- Judges
- DK Maraga
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mehboob Ahmed Baradia
Plaintiff
Wakf Commissioners of Kenya (substituted in place of the late Twahir Mohamed Twahir)
Defendant
Procedural Posture
Civil Suit / Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to the plaintiff's inaction since November 2001.
Ratio Decidendi
The court found that the plaintiff had not taken any steps to prosecute the suit since 30th November 2001, when the amended defence was filed. The absence of any response or opposition to the application for dismissal, either by affidavit or appearance, indicated that the plaintiff was no longer interested in pursuing the case. The court therefore exercised its discretion to dismiss the suit for want of prosecution, awarding costs to the defendant.
Court Disposition
Suit dismissed for want of prosecution with costs to the defendant.
Orders
- The suit is dismissed for want of prosecution.
- The defendant is awarded costs of the suit and the application.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
Civil Suit 413 of 1998
MEHBOOB AHMED BARADIA …...…....………………….. PLAINTIFF
V E R S U S
WAKF COMMISSIONERS OF KENYA substituted in place of the late
TWAHIR MOHAMED TWAHIR ……................................... DEFENDANT
RULING
This is an application by the defendant to dismiss this suit for want of prosecution. In the affidavit in support of the application Mr. Pandya counsel for the defendant avers that since November 2001 when an amended defence was filed the plaintiff has not fixed the case for hearing.
I have perused the file and noted that indeed since 30th November 2001 when the amended defence was filed the plaintiff has not bothered to fix this case for hearing.
Though served with this application the plaintiff or his counsel did not file any replying affidavit or grounds of opposition or appear to oppose the application.
In the circumstances it is clear that the plaintiff is no longer interested in this case and the same is therefore hereby dismissed with costs plus the costs of this application to the defendant.
DATED and delivered this 12th day of July 2007.
D.K. MARAGA
JUDGE