[2021] KEHC 12965 (KLR)
The court found that there had been no attendance by the parties and that the matter had been listed for dismissal for want of prosecution. In the absence of any steps taken by the parties to prosecute the matter, the court exercised its discretion to dismiss the suit for want of prosecution with costs to the...
Source-derived case information.
- Citation
- [2021] KEHC 12965 (KLR)
- Parties
- Plaintiff: Ojiambo & Co. Advocates; Defendant: National Bank of Kenya Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 349 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
- Outcome
- dismissed for want of prosecution with costs
- Legal Topics
- Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ojiambo & Co. Advocates
Plaintiff
National Bank of Kenya Ltd
Defendant
Procedural Posture
Miscellaneous Application / 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 there had been no attendance by the parties and that the matter had been listed for dismissal for want of prosecution. In the absence of any steps taken by the parties to prosecute the matter, the court exercised its discretion to dismiss the suit 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 to the defendant.
- The file is to be closed.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL AND TAX DIVISION
MISC. CASE NO. 349 OF 2014
OJIAMBO & CO. ADVOCATES..........................PLAINTIFF
VERSUS
NATIONAL BANK OF KENYA LTD....................DEFENDANT
RULING
No attendance. Matter is in court upon Notice to parties for Dismissal for Want of Prosecution.
The matter is accordingly marked as dismissed for want of prosecution with costs.
File to close.
DATED AND DELIVERED AT NAIROBI THIS 17TH MAY, 2021
G. W. NGENYE-MACHARIA
JUDGE