[2024] KEHC 8187 (KLR)
The court found that there had been no activity in the matter since January 2021, with repeated non-appearance by both parties and their counsel, despite notices to show cause being issued. The absence of any explanation or representation indicated a lack of interest in prosecuting the application dated 9th...
Source-derived case information.
- Citation
- [2024] KEHC 8187 (KLR)
- Parties
- Applicant: Stephen Njihia Njuguna; Respondent: Naomi Wambui Gihuhi
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E37 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- application dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Case Inactivity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Njihia Njuguna
Applicant
Naomi Wambui Gihuhi
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 due to prolonged inactivity by the parties.
Ratio Decidendi
The court found that there had been no activity in the matter since January 2021, with repeated non-appearance by both parties and their counsel, despite notices to show cause being issued. The absence of any explanation or representation indicated a lack of interest in prosecuting the application dated 9th December, 2020. Accordingly, the court exercised its discretion under Order 17 Rule 2 of the Civil Procedure Rules to dismiss the suit for want of prosecution.
Court Disposition
application dismissed for want of prosecution
Orders
- The application dated 9th December, 2020 is dismissed for want of prosecution as provided under Order 17 Rule 2 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
18 paragraphs
Njuguna v Gihuhi (Miscellaneous Application E37 of 2020) [2024] KEHC 8187 (KLR) (14 May 2024) (Ruling)
Neutral citation: [2024] KEHC 8187 (KLR)
Republic of Kenya
In the High Court at Kiambu
Miscellaneous Application E37 of 2020
DO Chepkwony, J
May 14, 2024
Between
Stephen Njihia Njuguna
Applicant
and
Naomi Wambui Gihuhi
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 26th September, 2023 and 20th December, 2023 respectively. Neither party and or their respective counsel are in attendance. There is even no representation to explain their absence.
2. I have perused the record and established that there has been no activity by the parties and or their respective counsel since 29th January, 2021 when the Plaintiff’s counsel fixed a hearing date for the application dated 9th December, 2020 was fixed for hearing on 19th May, 2021. On this day there was no appearance by either party and the matter was adjourned. It was again fixed for mention on 26th September, 2023 but on this day, there was no appearance by the parties again. A Notice to Show Cause was then issued on 18th March, 2024, after it was quite evident that the parties have lost interest in the matter.
3. In the circumstances, since there is no explanation why the parties have not had the application dated 9th December, 2020 prosecuted, the same is dismissed for want of prosecution as provided for under Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.
RULING DATED AND SIGNED AT KIAMBU THIS 14TH DAY OF …MAY 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partiesCourt Assistant - Martin