[2024] KEHC 13718 (KLR)
The court found that there had been no activity in the matter since 18th July, 2023, and that neither party nor their counsel appeared or provided any explanation for their absence at the notice to show cause hearing. In order to manage the court's backlog and in accordance with Order 17 Rule 2 of the Civil...
Source-derived case information.
- Citation
- [2024] KEHC 13718 (KLR)
- Parties
- Plaintiff: Philip Munyinyi Ndungi; Respondent: Leshego Kenya Limited
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Commercial Case 14 of 2023
- Procedural Posture
- Commercial Case / 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 Backlog Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Munyinyi Ndungi
Plaintiff
Leshego Kenya Limited
Respondent
Procedural Posture
Commercial Case / 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 of the Civil Procedure Rules.
Ratio Decidendi
The court found that there had been no activity in the matter since 18th July, 2023, and that neither party nor their counsel appeared or provided any explanation for their absence at the notice to show cause hearing. In order to manage the court's backlog and in accordance with Order 17 Rule 2 of the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution. The absence of any action or representation from the parties justified the dismissal to ensure efficient administration of justice.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution as provided for under Order 17 Rule 2 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
18 paragraphs
Ndungi v Leshego Kenya Limited (Commercial Case 14 of 2023) [2024] KEHC 13718 (KLR) (4 November 2024) (Ruling)
Neutral citation: [2024] KEHC 13718 (KLR)
Republic of Kenya
In the High Court at Kiambu
Commercial Case 14 of 2023
DO Chepkwony, J
November 4, 2024
Between
Philip Munyinyi Ndungi
Plaintiff
and
Leshego Kenya Limited
Respondent
Ruling
1. This matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution, the Notice to Show Cause having been issued on 2nd October, 2024. Neither party nor their respective counsel are in attendance. They have not even sent representatives to explain their absence.
2. As pointed out on 2nd October, 2024 and the reason for the issuance of the Notice to Show Cause, there has been no activity on the matter since 18th July, 2023.
3. There is therefore need to unclog the court’s system of backlog and this court proceeds to dismiss the suit for want of prosecution as provided for under Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 4TH DAY OF NOVEMBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:-No appearance for and by either partyCourt Assistant - Martin