[2021] KEHC 12959 (KLR)
The court found that there was no attendance by the parties upon service of the Notice To Show Cause, indicating lack of interest in prosecuting the matter. Consequently, the suit was dismissed for want of prosecution with costs to the defendant.
Source-derived case information.
- Citation
- [2021] KEHC 12959 (KLR)
- Parties
- Plaintiff: Odongo Okeyo & Co. Advocates; Defendant: Invesco Assurance Co. Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 347 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- dismissed for want of prosecution with costs
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Odongo Okeyo & Co. Advocates
Plaintiff
Invesco Assurance Co. Limited
Defendant
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.
Ratio Decidendi
The court found that there was no attendance by the parties upon service of the Notice To Show Cause, indicating lack of interest in prosecuting the matter. Consequently, the suit was dismissed for want of prosecution with costs to the defendant.
Court Disposition
dismissed for want of prosecution with costs
Orders
- The suit is dismissed for want of prosecution with costs.
- The file shall close forthwith.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL AND TAX DIVISION
MISC. CASE NO. 347 OF 2014
ODONGO OKEYO & CO. ADVOCATES............................................................PLAINTIFF
VERSUS
INVESCO ASSURANCE CO. LIMITED.........................................................DEFENDANT
RULING
This matter came up for hearing of Notice To Show Cause why it should not be dismissed for want of prosecution.
There being no attendance upon service of the Notice To Show Cause by the Registry, the matter is hereby dismissed for want of prosecution with costs. File shall close forthwith
DATED AND DELIVERED AT NAIROBI THIS 25TH MAY, 2021
G. W. NGENYE-MACHARIA
JUDGE