[2024] KEHC 8518 (KLR)
The court found that the applicants were duly notified of the transfer of the case, the new case number, and all subsequent mentions and notices, including the Notice to Show Cause. Despite this, the applicants failed to appear or take any steps to prosecute the matter for over a year. The court concluded that the...
Source-derived case information.
- Citation
- [2024] KEHC 8518 (KLR)
- Parties
- Applicant: Simon Ngige Munyua; Applicant: Salome Njambi Ngigi; Respondent: Ukristo Na Ufanisi Wa Anglicana Sacco Limited; Respondent: James Muriuki Mburu Ta Jamdee Enterprises Auctioneers
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Commercial Suit 12 of 2023
- Procedural Posture
- Commercial Suit / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Ngige Munyua
Applicant
Salome Njambi Ngigi
Applicant
Ukristo Na Ufanisi Wa Anglicana Sacco Limited
Respondent
James Muriuki Mburu Ta Jamdee Enterprises Auctioneers
Respondent
Procedural Posture
Commercial Suit / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2(1) of the Civil Procedure Rules.
- 2 Whether the applicants were properly notified of the proceedings and failed to take steps to prosecute the matter.
Ratio Decidendi
The court found that the applicants were duly notified of the transfer of the case, the new case number, and all subsequent mentions and notices, including the Notice to Show Cause. Despite this, the applicants failed to appear or take any steps to prosecute the matter for over a year. The court concluded that the applicants had lost interest in the suit and, having failed to show cause why the suit should not be dismissed, ordered its dismissal for want of prosecution pursuant to Order 17 Rule 2(1) of the Civil Procedure Rules.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution pursuant to Order 17 Rule 2(1) of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
25 paragraphs
Munyua & another v Ukristo na Ufanisi waa Anglicana Sacco Limited & another (Commercial Suit 12 of 2023) [2024] KEHC 8518 (KLR) (27 June 2024) (Ruling)
Neutral citation: [2024] KEHC 8518 (KLR)
Republic of Kenya
In the High Court at Kiambu
Commercial Suit 12 of 2023
DO Chepkwony, J
June 27, 2024
Between
Simon Ngige Munyua
1st Appellant
Salome Njambi Ngigi
2nd Appellant
and
Ukristo Na Ufanisi Wa Anglicana Sacco Limited
1st Respondent
James Muriuki Mburu Ta Jamdee Enterprises Auctioneers
2nd Respondent
Ruling
1. This suit was first filed in Thika as ELC Court Case No. 49 of 2023 on 6th June. 2023. It was thereafter transferred to this court through the Ruling delivered on 13th June, 2023 for want of jurisdiction.
2. On 14th June, 2023, the court directed the matter to proceed for pretrial directions before the Deputy Registrar on 28th June, 2023. However, that day was declared a public holiday and matter was adjourned to 16th August, 2023, on which day, there was no appearance by either of the parties. The matter was then adjourned to 17th October, 2023 and there was still no appearance by either of the parties. The matter was then adjourned to 31st January, 2024 where the Plaintiff’s Counsel was absent but the Respondent’s advocate was present. The court then directed that a Notice to Show Cause issues upon the Plaintiff to come and show cause why the suit should not be dismissed for want of prosecution.
3. This Ruling is in respect of the Notice to Show Cause dated 31st January 2024. On 28th May, 2024, Ms Wairimu Counsel for the Respondent informed the court that the Applicant has never filed any document in the matter since its filing and urged the court to issue directions on the same.
4. From the record the court has noted that when the matter was transferred to this court, the court administrator sent an email on 21st June, 2023 where it confirmed receipt of the file and informed the Advocates for the parties through their respective emails, kivuvaadvocates@gmail.com and kmpadvocates.litigation@gmail.com of the new number allocated number on the file together with the mention date of 28th June, 2023. The court also notes that the court issued an email of 27th October, 2023 informing the said advocates of the Mention of 31st January, 2024, another email of 6th February, 2024 for the Notice to Show Cause and another for 4th June, 2024 for the Mention of 28th June, 2024.
5. From this record, it is clear that the Applicant was well aware of the case being transferred to this court, the new case number and the instances when the matter was coming up for Mention and Notice to Show Cause but did not take any steps to have the matter prosecuted for more than one year. It is therefore evident that the Applicants have lost interest in the matter and since no cause has been shown or demonstrated this matter is hereby dismissed for want of prosecution pursuant to Order 17 Rule 2(1) of the Civil Procedure Rules.
It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 27THDAY OF JUNE , 2024. D.O CHEPKWONYJUDGEIn the presence of:No appearance by either partyCourt Assistant - Martin