[2023] KEHC 23499 (KLR)
The court found that since the suit was filed in 2018 and no meaningful steps had been taken to prosecute it, and mediation attempts failed in 2019 with no further action by either party, the suit warranted dismissal for want of prosecution. Notice was duly issued to the parties, but none appeared or took action....
Source-derived case information.
- Citation
- [2023] KEHC 23499 (KLR)
- Parties
- Plaintiff: Abdalla Rashid Ogolla; Defendant: Jamii Bora Bank Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Commercial Case 61 of 2018
- Procedural Posture
- Commercial Case / Ruling on Dismissal for Want of Prosecution
- Outcome
- Suit dismissed for want of prosecution.
- Judges
- RE Aburili
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Commercial Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdalla Rashid Ogolla
Plaintiff
Jamii Bora Bank Limited
Defendant
Procedural Posture
Commercial Case / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution.
Ratio Decidendi
The court found that since the suit was filed in 2018 and no meaningful steps had been taken to prosecute it, and mediation attempts failed in 2019 with no further action by either party, the suit warranted dismissal for want of prosecution. Notice was duly issued to the parties, but none appeared or took action. The court exercised its discretion under the Civil Procedure Rules to dismiss the suit and close the file.
Court Disposition
Suit dismissed for want of prosecution.
Orders
- The suit is dismissed for want of prosecution.
- The file is closed.
Full Case Text
Judgment text and source record
20 paragraphs
Ogolla v Jamii Bora Bank Limited (Commercial Case 61 of 2018) [2023] KEHC 23499 (KLR) (12 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23499 (KLR)
Republic of Kenya
In the High Court at Kisumu
Commercial Case 61 of 2018
RE Aburili, J
October 12, 2023
Between
Abdalla Rashid Ogolla
Plaintiff
and
Jamii Bora Bank Limited
Defendant
Ruling
1. The suit was filed in 2018 and todate, no meaningful steps have been taken to prosecute the suit.
2. Mediation attempts failed in 2019 and no party has approached the court to have the suit heard and determined.
3. Notice was issued on September 10, 2023 at 12. 20pm via email. None of the parties have appeared.
4. Accordingly, this suit is hereby dismissed for want of prosecution and this file is hereby closed.
5. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 12THDAY OF OCTOBER, 2023. R. E. ABURILIJUDGE