[2007] KEHC 301 (KLR)
The court found that the plaintiff had failed to take any steps to prosecute the suit since the filing of the amended defence on 30th November 2001. The absence of any response or appearance by the plaintiff or his counsel to oppose the application further indicated a lack of interest in pursuing the matter....
Source-derived case information.
- Citation
- [2007] KEHC 301 (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.
- 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 failure to fix the case for hearing since November 2001.
Ratio Decidendi
The court found that the plaintiff had failed to take any steps to prosecute the suit since the filing of the amended defence on 30th November 2001. The absence of any response or appearance by the plaintiff or his counsel to oppose the application further indicated a lack of interest in pursuing the matter. Consequently, the court exercised its discretion to dismiss the suit for want of prosecution, awarding costs to the defendant, including the costs of the application.
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
15 paragraphs
REPUBLIC OF KENYA
HIGH COURT 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