[2024] KEHC 12540 (KLR)
The court found that neither party had taken any action in the matter for a period of three years since the last attendance on 18th October, 2021. Despite being served with multiple Notices to Show Cause, neither party appeared nor filed any response. The court determined that this demonstrated a lack of interest in...
Source-derived case information.
- Citation
- [2024] KEHC 12540 (KLR)
- Parties
- Applicant: Evanson Nyamoronge Nyasani; Respondent: Fredrick Kariuki Maina; Respondent: The Chief Magistrate Court at Thika
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 1 of 2019
- Procedural Posture
- Judicial Review / 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, Judicial Review Procedure, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Evanson Nyamoronge Nyasani
Applicant
Fredrick Kariuki Maina
Respondent
The Chief Magistrate Court at Thika
Respondent
Procedural Posture
Judicial Review / 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 neither party had taken any action in the matter for a period of three years since the last attendance on 18th October, 2021. Despite being served with multiple Notices to Show Cause, neither party appeared nor filed any response. The court determined that this demonstrated a lack of interest in prosecuting the matter. To prevent unnecessary backlog and in accordance with Order 17 Rule 2(1) of 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 dismissed for want of prosecution as provided for under Order 17 Rule 2(1) of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
20 paragraphs
Nyasani v Maina & another (Judicial Review 1 of 2019) [2024] KEHC 12540 (KLR) (17 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12540 (KLR)
Republic of Kenya
In the High Court at Kiambu
Judicial Review 1 of 2019
DO Chepkwony, J
October 17, 2024
Between
Evanson Nyamoronge Nyasani
Applicant
and
Fredrick Kariuki Maina
1st Respondent
The Chief Magistrate Court at Thika
2nd 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 (NTSC) having issued upon the parties on 30th October, 2023, 22nd February, 2024, and 9th July, 2024 respectively. Neither party and nor their counsel are in attendance. They have not even filed a response to the said Notice or sent representation to explain their absence.
2. I have perused the record and established that the last time parties attended court for any action was on 18th October, 2021, which is a period of three (3) years. This is a clear indication that the parties lost interest in having the matter prosecuted.
3. In the circumstances, this Court finds it prudent to unclog the court’s system with such unnecessary backlog and proceeds to order the suit dismissed for want of prosecution as provided for under Order 17 Rule 2(1) of the Civil Procedure Rules.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 17TH DAY OF OCTOBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partyCourt Assistant - Sanja