[2024] KEHC 8708 (KLR)
The court found that the applicant had failed to prosecute the application for 21 years, indicating a clear lack of interest in pursuing the matter. To prevent further delay and abuse of the court process, and in line with the court's duty to ensure expeditious disposal of cases, the application was dismissed for...
Source-derived case information.
- Citation
- [2024] KEHC 8708 (KLR)
- Parties
- Applicant: Omaya & Co Advocates; Respondent: Fredrick Obonyo & another
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 217 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
- Outcome
- application dismissed for want of prosecution
- Judges
- MS Shariff
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Omaya & Co Advocates
Applicant
Fredrick Obonyo & another
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the application should be dismissed for want of prosecution due to prolonged inaction by the applicant.
Ratio Decidendi
The court found that the applicant had failed to prosecute the application for 21 years, indicating a clear lack of interest in pursuing the matter. To prevent further delay and abuse of the court process, and in line with the court's duty to ensure expeditious disposal of cases, the application was dismissed for want of prosecution. The file was accordingly marked as closed.
Court Disposition
application dismissed for want of prosecution
Orders
- The application dated 13th September, 2004 is dismissed for want of prosecution.
- This file is marked as closed.
Full Case Text
Judgment text and source record
17 paragraphs
Omaya & Co Advocates v Obonyo & another (Miscellaneous Civil Application 217 of 2004) [2024] KEHC 8708 (KLR) (18 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8708 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 217 of 2004
MS Shariff, J
July 18, 2024
Between
Omaya & Co Advocates
Applicant
and
Fredrick Obonyo & another
Respondent
Ruling
1. Whereas the Applicant herein filed a notice of motion application dated 13th September, 2004 the same has not been prosecuted in the 21 years period that it has been alive in this court and it is thus apparent that the Applicant has lost interest in his application wherefore I hereby dismiss it for want of prosecution.
2. This file is marked as closed.
DATED, SIGNED AND DELIVERED THIS 18TH DAY OF JULY, 2024. M. S. ShariffJUDGE