[2002] KEHC 662 (KLR)
The court found that the plaintiff had not taken any meaningful steps to prosecute the suit since the filing of the defence in March 1999. The explanations offered by the plaintiff, including the intention to amend pleadings and the alleged congestion of the court, were not considered sufficient cause for the delay....
Source-derived case information.
- Citation
- [2002] KEHC 662 (KLR)
- Parties
- Plaintiff: Nancy Wanjiru Nganga; Defendant: The Standard Ltd; Defendant: Betting Control Licensing Board
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 44 of 1999
- Procedural Posture
- Civil Case / Application for Dismissal for Want of Prosecution
- Outcome
- Plaintiff's suit dismissed for want of prosecution.
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nancy Wanjiru Nganga
Plaintiff
The Standard Ltd
Defendant
Betting Control Licensing Board
Defendant
Procedural Posture
Civil Case / Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the plaintiff's suit should be dismissed for want of prosecution due to inordinate delay.
- 2 Whether the plaintiff has provided sufficient cause for the delay in prosecuting the suit.
Ratio Decidendi
The court found that the plaintiff had not taken any meaningful steps to prosecute the suit since the filing of the defence in March 1999. The explanations offered by the plaintiff, including the intention to amend pleadings and the alleged congestion of the court, were not considered sufficient cause for the delay. The court held that the delay was inordinate and unjustified, and therefore, the defendant's application for dismissal for want of prosecution was upheld. The suit was dismissed accordingly, with costs awarded to the applicant.
Court Disposition
Plaintiff's suit dismissed for want of prosecution.
Orders
- The plaintiff's case is dismissed for lack of prosecution.
- Costs of the case and of this application are awarded to the applicant.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE NO. 44 OF 1999 NANCY WANJIRU NGANGA ………………………………APPLICANT VERSUS THE STANDARD LTD BETTING CONTROL LICENSING BOARD ………….. DEFENDANTS RULING This is an application by defendant under O XVI r 5 (a) of the Civil Procedure Rules and S. 3 A of the Civil Procedure Act for orders that Plaintiff’s suit herein be dismissed for want of prosecution. The supporting affidavit by Wamuti Ndegwa sowen on 6th February 2001 states that the plaintifff has never taken any steps to fix the matter for hearing since the filing of the defence on 3/3/1999, but in a replying affidavit by Nancy Wanjiru Nganga sworn on 25/6/2001 states that the delay was due to his wish to effect an amendment and more that the court was clogged with too many cases and would not expedite his application if any.
I have read the affidavits as indeed I should and it is clear the delay to move this case on the part of plaintiff has not been on account of sufficient cause and I therefore uphold the application and order that the plaintiff’s case be and is hereby dismissed for lack of prosecution. Cost of the case and of this application to the applicant.
Delivered this 31st day of May 2002.
A. I. HAYANGA JUDGE Read to Mr. Gichana for plaintiff. Mr. Ndegwa for the defendant.
A. I HAYANGA JUDGE 31/5/2002