[2021] KEHC 12966 (KLR)
The court found that neither party attended the hearing of the Notice to Show Cause and no steps had been taken to prosecute the matter. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution to prevent unnecessary delay and ensure efficient...
Source-derived case information.
- Citation
- [2021] KEHC 12966 (KLR)
- Parties
- Plaintiff: Odongo Okeyo & Co. Advocates; Defendant: Invesco Assurance Co. Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Matrimonial Case 346 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- dismissed for want of prosecution
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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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 neither party attended the hearing of the Notice to Show Cause and no steps had been taken to prosecute the matter. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution to prevent unnecessary delay and ensure efficient administration of justice.
Court Disposition
dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution with costs.
- The file is to be closed.
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. 346 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. The notice was served by the Registry.
There being no attendance by parties, the matter is dismissed for want of prosecution with costs. File to close.
DATED AND DELIVERED AT NAIROBI THIS 25TH MAY, 2021
G. W. NGENYE-MACHARIA
JUDGE