[2024] KEHC 6449 (KLR)
The court found that since no action had been taken to prosecute the Advocate-Client Bill of Costs since 28th February 2000, and the respondent company had collapsed, there was a clear lack of interest in the matter. The court exercised its discretion to dismiss the application for want of prosecution and ordered...
Source-derived case information.
- Citation
- [2024] KEHC 6449 (KLR)
- Parties
- Applicant: Mungai & Gakuru Advocates; Respondent: United Insurance Co Ltd
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 47 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
- Outcome
- application dismissed for want of prosecution; file closed for archiving
- Judges
- RE Aburili
- Legal Topics
- Taxation of Costs, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mungai & Gakuru Advocates
Applicant
United Insurance Co Ltd
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the Advocate-Client Bill of Costs should be dismissed for want of prosecution.
- 2 Whether the collapse of the respondent company justifies dismissal of the application.
Ratio Decidendi
The court found that since no action had been taken to prosecute the Advocate-Client Bill of Costs since 28th February 2000, and the respondent company had collapsed, there was a clear lack of interest in the matter. The court exercised its discretion to dismiss the application for want of prosecution and ordered the file closed for archiving.
Court Disposition
application dismissed for want of prosecution; file closed for archiving
Orders
- The application dated 15th February 2000 is dismissed for want of prosecution.
- This file is closed for archiving.
Full Case Text
Judgment text and source record
18 paragraphs
Mungai & Gakuru Advocates v United Insurance Co Ltd (Miscellaneous Civil Application 47 of 2020) [2024] KEHC 6449 (KLR) (31 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6449 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 47 of 2020
RE Aburili, J
May 31, 2024
Between
Mungai & Gakuru Advocates
Applicant
and
United Insurance Co Ltd
Respondent
Ruling
1. The matter was filed for taxation of Advocate Client Bill of Costs dated 15th February 2000.
2. Since 28th February 2000, no action has been taken to prosecute the Bill and more so, United Insurance Company Limited, the Respondent collapsed.
3. For lack of interest in the matter and non-prosecution, the application dated 15th February 2000 is dismissed and this file is closed for archiving.
Dated, Signed and Delivered at Kisumu this 31st Day of May, 2024R. E. ABURILIJUDGEPage 1 of 1