[2024] KEHC 8711 (KLR)
The court found that the applicant had failed to take any steps to prosecute the chamber summons application for a period of 21 years, indicating a clear loss of interest in 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,...
Source-derived case information.
- Citation
- [2024] KEHC 8711 (KLR)
- Parties
- Applicant: Erick Ngala Ondiege; Respondent: Joash Ondiege Aingo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 275 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
Erick Ngala Ondiege
Applicant
Joash Ondiege Aingo
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 take any steps to prosecute the chamber summons application for a period of 21 years, indicating a clear loss of interest in 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 chamber summons application dated 27th September, 2004 is dismissed for want of prosecution.
- This file is marked as closed.
Full Case Text
Judgment text and source record
17 paragraphs
Ondiege v Aingo (Miscellaneous Civil Application 275 of 2004) [2024] KEHC 8711 (KLR) (18 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8711 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 275 of 2004
MS Shariff, J
July 18, 2024
Between
Erick Ngala Ondiege
Applicant
and
Joash Ondiege Aingo
Respondent
Ruling
1. Whereas the Applicant herein filed a chamber summons application dated 27th 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 18THDAY OF JULY, 2024. M. S. SHARIFFJUDGE