[2024] KEHC 8714 (KLR)
The court found that the applicant had failed to take any steps to prosecute the Notice of Motion dated 9th February 2004 for a period of 20 years. Such inordinate and unexplained delay is evidence of loss of interest in the matter. The court exercised its inherent jurisdiction to dismiss the application for want of...
Source-derived case information.
- Citation
- [2024] KEHC 8714 (KLR)
- Parties
- Applicant: Omaya & Co Advocates; Respondent: Peter Abong’O Origi
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 26 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
Peter Abong’O Origi
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 inordinate delay by the applicant.
Ratio Decidendi
The court found that the applicant had failed to take any steps to prosecute the Notice of Motion dated 9th February 2004 for a period of 20 years. Such inordinate and unexplained delay is evidence of loss of interest in the matter. The court exercised its inherent jurisdiction to dismiss the application for want of prosecution, in line with the principles of expeditious justice and efficient case management.
Court Disposition
Application dismissed for want of prosecution.
Orders
- The Notice of Motion dated 9th February 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 Origi (Miscellaneous Civil Application 26 of 2004) [2024] KEHC 8714 (KLR) (18 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8714 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 26 of 2004
MS Shariff, J
July 18, 2024
Between
Omaya & Co Advocates
Applicant
and
Peter Abong’O Origi
Respondent
Ruling
1. Whereas the Applicant herein filed a Notice of Motion dated 9th February 2004, the same has not been prosecuted in the 20 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 18THDAY OF JULY, 2024. M. S. SHARIFF.....................................JUDGEI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR