[2021] KEHC 12965 (KLR)

[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
Civil Procedure Dismissal for Want of Prosecution

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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

  1. 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.