[2014] KEHC 851 (KLR)
The court found that the Plaintiff failed to appear on the scheduled hearing date for the Notice to Show Cause and had not filed any response despite being granted an adjournment for that purpose. The Plaintiff's conduct demonstrated a lack of interest in prosecuting the suit. Consequently, the court exercised its...
Source-derived case information.
- Citation
- [2014] KEHC 851 (KLR)
- Parties
- Plaintiff: Naivasha Self Service Store Limited; Defendant: Capital Motors Exhibition Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 133 of 2007
- Procedural Posture
- Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- Suit dismissed for want of prosecution with costs to the Defendant.
- Judges
- DO Ogembo
- 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
Naivasha Self Service Store Limited
Plaintiff
Capital Motors Exhibition Limited
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 pursuant to the Notice to Show Cause.
- 2 Whether the Plaintiff has demonstrated interest in prosecuting the suit.
- 3 Who should bear the costs of the suit.
Ratio Decidendi
The court found that the Plaintiff failed to appear on the scheduled hearing date for the Notice to Show Cause and had not filed any response despite being granted an adjournment for that purpose. The Plaintiff's conduct demonstrated a lack of interest in prosecuting the suit. Consequently, the court exercised its discretion under the Civil Procedure Rules to dismiss the suit for want of prosecution. The Defendant, having attended and supported the application, was awarded the costs of the suit.
Court Disposition
Suit dismissed for want of prosecution with costs to the Defendant.
Orders
- The suit is dismissed for want of prosecution pursuant to the Notice to Show Cause dated 16th September 2014.
- The costs of the suit are awarded to the Defendant.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL &ADMIRALTY DIVISION
CIVIL CASE NO. 133 OF 2007
NAIVASHA SELF SERVICE STORE LIMITED::::::::::::::::::::::::::::::::::::PLAINTIFF
VERSUS
CAPITAL MOTORS EXHIBITION LIMITED:::::::::::::::::::::::::::::::::::::DEFENDANT
R U L I N G
The Notice to Show Causebefore the court is dated 16th September 2014. When it came for hearing on 31st October 2014, the Plaintiff or its representatives did not appear in court. The Defendant was represented by its counsel M/s Ngoima who supported the Notice to Show Cause and prayed for the dismissal of the suit with costs.
I have also noted that the same Notice to Show Cause came up for hearing on 24th October 2014. On that day, Mr. Kiche held brief for Mr. Abidha for the Plaintiff while Mr. Kaburu appeared for the Defendant. Mr. Kiche was not ready to proceed and successfully applied for adjournment to enable the Plaintiff to file a response to the said Notice to Show Cause. That is why the matter was adjourned to 31st October 2014, on which day Mr. Kiche for the Plaintiff never turned up.
I am satisfied that the Plaintiff’s suit has been promptly not prosecuted and that the Plaintiff appears to have lost interest on the same.
Pursuant to the foregoing, I now herewith dismiss the suit within for want of prosecution pursuant to the Notice to Show Causes dated 16th September 2014. The costs of the suit shall be for the Defendant.
Orders accordingly.
READ, DELIVERED AND DATED AT NAIROBI THIS 18TH DAY OF NOVEMBER 2014
E. K. O. OGOLA
JUDGE
PRESENT:
No appearance for the Plaintiff
Kaburu for the Defendant
Teresia – Court Clerk