[2025] KEHC 1294 (KLR)
The court found that there had been no activity in the matter since July 10, 2019, and that neither party nor their counsel appeared in court to show cause why the suit should not be dismissed. The absence of any explanation or action indicated a lack of interest in prosecuting the suit. The court, therefore,...
Source-derived case information.
- Citation
- [2025] KEHC 1294 (KLR)
- Parties
- Applicant: Ngaywa Ngigi & Kibet Advocates; Respondent: Invesco Assurance Company Ltd
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 218 of 2019
- Procedural Posture
- Miscellaneous Application / 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, Notice to Show Cause, Case Backlog Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ngaywa Ngigi & Kibet Advocates
Applicant
Invesco Assurance Company Ltd
Respondent
Procedural Posture
Miscellaneous Application / 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 July 10, 2019, and that neither party nor their counsel appeared in court to show cause why the suit should not be dismissed. The absence of any explanation or action indicated a lack of interest in prosecuting the suit. The court, therefore, exercised its discretion under Order 17 Rule 2 of the Civil Procedure Rules to dismiss the suit for want of prosecution, emphasizing the need to manage case backlog and ensure efficient administration of justice.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution as per Order 17 Rule 2 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
20 paragraphs
Ngaywa Ngigi & Kibet Advocates v Invesco Assurance Company Ltd (Miscellaneous Civil Application 218 of 2019) [2025] KEHC 1294 (KLR) (30 January 2025) (Ruling)
Neutral citation: [2025] KEHC 1294 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Civil Application 218 of 2019
DO Chepkwony, J
January 30, 2025
Between
Ngaywa Ngigi & Kibet Advocates
Applicant
and
Invesco Assurance Company Ltd
Respondent
Ruling
1. This matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution; a Notice to Show Cause having been issued on 30th October, 2024, and served upon counsel for the parties herein.
2. Neither party nor their respective counsel have attended court as notified. There is no representation to explain their absence and or why the suit should not be dismissed for want of prosecution as indicated in the Notice to Show Cause.
3. On 30th October, 2024, the court noted that there had been no activity in the matter since 10th July, 2019, when a ruling on the bill of costs was delivered.
4. In view of this, it is clear that the parties and or their respective counsel have lost interest in having the suit prosecuted and because of this, this is one of the cases that have clogged the court system as backlog hence the need to unclog the same.
5. As result, this suit is dismissed for want of prosecution as per the provisions of Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 30TH DAY OF JANUARY, 2025. D.O CHEPKWONYJUDGEIn the Presence of:Martin – Court AssistantNo appearance for and by Either Party