[2004] KEHC 394 (KLR)
The court found that the plaintiff and their advocates were absent at the hearing, despite the hearing date having been fixed by the plaintiff's advocate. The defendant did not admit any part of the plaintiff's claim in their defence. Under Order 9B Rule 4(1) of the Civil Procedure Rules, the court has the power to...
Source-derived case information.
- Citation
- [2004] KEHC 394 (KLR)
- Parties
- Plaintiff: National Bank of Kenya Limited; Defendant: Paul Kiptigin Sitienei
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- ? 46 of 1998
- Procedural Posture
- Civil Case / Ruling on Application for Dismissal for Non Attendance
- Outcome
- Plaintiff's suit dismissed for non-attendance; costs awarded to defendant.
- Legal Topics
- Dismissal for Non Attendance, Costs Award, Default Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Bank of Kenya Limited
Plaintiff
Paul Kiptigin Sitienei
Defendant
Procedural Posture
Civil Case / Ruling on Application for Dismissal for Non Attendance
Legal Issues
- 1 Whether the plaintiff's suit should be dismissed for non-attendance by the plaintiff and their advocates.
- 2 Whether the defendant admitted any part of the plaintiff's claim.
Ratio Decidendi
The court found that the plaintiff and their advocates were absent at the hearing, despite the hearing date having been fixed by the plaintiff's advocate. The defendant did not admit any part of the plaintiff's claim in their defence. Under Order 9B Rule 4(1) of the Civil Procedure Rules, the court has the power to dismiss a suit in such circumstances. The court exercised this power and dismissed the plaintiff's suit, awarding costs to the defendant.
Court Disposition
Plaintiff's suit dismissed for non-attendance; costs awarded to defendant.
Orders
- The plaintiff's suit is dismissed under Order 9B Rule 4(1) Civil Procedure Rules.
- Costs of the suit are awarded to the defendant.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT ELDORET CIVIL CASE NO. 46 OF 1998
NATIONAL BANK OF KENYA LIMITED ………………..…………..………..PLAINTIFF
-VERSUS-
PAUL KIPTIGIN SITIENEI …………..…….…………..…………………..…. DEFENDANT
RULING This case came for hearing on 4th December 2003. While the advocate for the defendant was present, the plaintiff and their advocates were not present.
It is obvious from the records that the case was fixed for hearing by the advocate for the plaintiff in the court registry in the absence of the advocate for the defendant. There appears therefore, to be no justification why both the plaintiff and their advocates were absent during the hearing. On that ground of the absence of the plaintiff and their advocates, Mr. Ngigi for the defendant applied to court to dismiss the plaintiff’s suit under Order 9A Rule 4 (1) Civil Procedure Rules.
Having perused the Order and Rule, I observe that the court is allowed to dismiss the plaintiff’s suit if the defendant does not admit any part of the claim. In the defence dated 15th May, 1998 and filed on the same date, the defendant does not admit any part of the claim. I therefore dismiss the plaintiff’s case under the powers conferred on me under Order 9B Rule 4 (1) of the Civil Procedure Rules. I award costs of the suit to the defendants.
Dated and Delivered at Eldoret this ………… Day of …………….. 2004.
George Dulu, Judge