[2025] KEHC 2461 (KLR)
The court found that neither party nor their counsel had attended court or filed any response to the Notice to Show Cause issued on 29th January, 2025. There was no evidence of service of the originating pleadings on the respondents, nor any response from them. The absence of action by the plaintiff/applicant...
Source-derived case information.
- Citation
- [2025] KEHC 2461 (KLR)
- Parties
- Plaintiff: Stephen Njoroge; Respondent: Diana Gathoni Kinyu; Respondent: Sumac Microfinance Bank Limited; Respondent: Josrich Merchants Auctioneers; Respondent: Land Registrar
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Case E044 of 2024
- Procedural Posture
- Civil 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, Notice to Show Cause, Case Backlog Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Njoroge
Plaintiff
Diana Gathoni Kinyu
Respondent
Sumac Microfinance Bank Limited
Respondent
Josrich Merchants Auctioneers
Respondent
Land Registrar
Respondent
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 due to inaction by the parties.
Ratio Decidendi
The court found that neither party nor their counsel had attended court or filed any response to the Notice to Show Cause issued on 29th January, 2025. There was no evidence of service of the originating pleadings on the respondents, nor any response from them. The absence of action by the plaintiff/applicant indicated a lack of interest in prosecuting the case. To prevent unnecessary backlog and in accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is hereby dismissed for want of prosecution.
Full Case Text
Judgment text and source record
24 paragraphs
Njoroge v Kinyu & 3 others (Civil Case E044 of 2024) [2025] KEHC 2461 (KLR) (27 February 2025) (Ruling)
Neutral citation: [2025] KEHC 2461 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Case E044 of 2024
DO Chepkwony, J
February 27, 2025
Between
Stephen Njoroge
Plaintiff
and
Diana Gathoni Kinyu
1st Respondent
Sumac Microfinance Bank Limited
2nd Respondent
Josrich Merchants Auctioneers
3rd Respondent
Land Registrar
4th Respondent
Ruling
1. This matter was for mention for parties to show cause why the suit cannot be dismissed for want of prosecution, the Notice to Show Cause having been taken out on 29th January, 2025 and served upon the counsel for the parties on 7th February, 2025. Neither party nor their respective counsel have filed any response nor attended court to show cause why this suit should not be dismissed for want of prosecution. They have not even sent representation to explain their absence.
2. It is worth-noting that the Notice to Show Cause was issued following the court’s observation that neither party had attended court since the Notice of Motion application alongside a Plaint, both dated 18th November, 2024. There is no evidence that the same were served upon the Respondents and neither has any of the Respondents filed a response thereto. This is a clear indication that the parties, and more so the Plaintiff/Applicant has lost interest in their case.
3. Therefore, to avoid clogging this Court’s system with backlog, the suit is hereby dismissed for want of prosecution.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 27TH DAY OF FEBRUARY, 2025. D. O. CHEPKWONYJUDGEIn the presence of:No appearance by and for either partyCourt Assistant - Martin