[2021] KEHC 13132 (KLR)
The court found that although there had been delay in prosecuting the suit, the Plaintiff had shown cause for the delay, attributing it to the departure of the advocate in conduct and the Covid-19 pandemic. The court exercised its discretion not to dismiss the suit, noting the Plaintiff's renewed interest in...
Source-derived case information.
- Citation
- [2021] KEHC 13132 (KLR)
- Parties
- Plaintiff: The Monarch Insurance Co. Ltd; Defendant: Robert Ochieng Muggah
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 167 of 2016
- Procedural Posture
- Civil Case / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- Plaintiff granted extension; suit not dismissed at this stage.
- Judges
- BT Jaden
- Legal Topics
- Dismissal for Want of Prosecution, Order 17 Rule 2, Delay in Prosecution, Covid 19 Delay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
The Monarch Insurance Co. Ltd
Plaintiff
Robert Ochieng Muggah
Defendant
Procedural Posture
Civil Case / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2, Civil Procedure Rules.
- 2 Whether the delay in prosecuting the suit is excusable.
Ratio Decidendi
The court found that although there had been delay in prosecuting the suit, the Plaintiff had shown cause for the delay, attributing it to the departure of the advocate in conduct and the Covid-19 pandemic. The court exercised its discretion not to dismiss the suit, noting the Plaintiff's renewed interest in pursuing the matter. The court held that the Plaintiff must take the next step within 45 days, failing which the suit would stand dismissed.
Court Disposition
Plaintiff granted extension; suit not dismissed at this stage.
Orders
- The Plaintiff to take the next step in the case within 45 days from the date of the ruling.
- In default, the suit to stand dismissed.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
HIGH COURT CIVIL CASE NO. 167 OF 2016
THE MONARCH INSURANCE CO. LTD...................................PLAINTIFF
VERSUS
ROBERT OCHIENG MUGGAH...............................................DEFENDANT
RULING
1. The Plaintiff instituted this suit vide a plaint dated 29/6/2016 and Summons to Enter Appearance were issued on 5/7/2016.
2. No further steps were taken in the suit. On 5/5/2021 the court issued a Notice to Show Cause why the case should not be dismissed for want of prosecution in accordance with Order 17 Rule 2, Civil Procedure Rules.
3. On 21/5/2021 when the suit was listed for dismissal, the Plaintiff’s counsel attended court and subsequently filed an affidavit showing cause why the case should not be dismissed. The Defendant did not attend court. The Court record reflects that the Defendant was duly served.
4. It is stated in the Plaintiff’s affidavit that the delay herein has been occasioned by the Advocate in conduct of the matter who left the employment of the firm of Advocates on record for the Plaintiff. The court was urged not to visit the inadvertent and unintentional mistakes of the Advocate on the litigant. Further delay is blamed on the outbreak of the Covid 19 Pandemic. The Applicant is willing to expedite the hearing of the case.
5. A litigant ought to follow up on the progress of the case and not merely leave it to the Advocate. However, now that the Plaintiff has shown interest in pursuing the case, this court is persuaded to let the case proceed on merits.
6. The Applicant to take the next step in this case within 45 days from the date hereof. In default the suit to stand dismissed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 8TH DAY OF JULY, 2021.
B.THURANIRA JADEN
JUDGE