[2021] KEHC 6693 (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 awarded costs to the defendant. The absence of...
Source-derived case information.
- Citation
- [2021] KEHC 6693 (KLR)
- Parties
- Plaintiff: Mulraj Kanji Patel; Plaintiff: Laxmiben Kanji Patel; Plaintiff: Tamana Travel & Tours Ltd; Defendant: Diamond Trust Bank Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 610 of 2015
- Procedural Posture
- Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution with costs
- 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
Mulraj Kanji Patel
Plaintiff
Laxmiben Kanji Patel
Plaintiff
Tamana Travel & Tours Ltd
Plaintiff
Diamond Trust Bank Ltd
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 awarded costs to the defendant. The absence of parties and lack of action justified the dismissal and closure of the file.
Court Disposition
suit dismissed for want of prosecution with costs
Orders
- The suit is dismissed for want of prosecution with costs.
- The file shall forthwith close.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL AND TAX DIVISION
CIVIL CASE NO. 610 OF 2015
MULRAJ KANJI PATEL.........................1ST PLAINTIFF/APPLICANT
LAXMIBEN KANJI PATEL....................2ND PLAINTIFF/APPLICANT
TAMANA TRAVEL & TOURS LTD.......3RD PLAINTIFF/APPLICANT
VERSUS
DIAMOND TRUST BANK LTD..............DEFENDANT/RESPONDENT
RULING
The matter came up for hearing of Notice To Show Cause why it should not be dismissed for want of prosecution. The Notice to Show Cause was served by the Registry.
There being no attendance by the parties, the suit is hereby dismissed for want of prosecution with costs. The file shall forthwith close.
DATED AND DELIVERED AT NAIROBI THIS 25TH MAY, 2021
G. W. NGENYE-MACHARIA
JUDGE