[2024] KEHC 6136 (KLR)
The court found that since the filing of the application dated 20th June, 2023, the applicant had never attended court and there was no explanation for the absence. The absence of both parties and their counsel on the date fixed for the Notice to Show Cause, despite the matter being cause-listed, indicated...
Source-derived case information.
- Citation
- [2024] KEHC 6136 (KLR)
- Parties
- Applicant: Kennedy Omwoyo Osoro; Respondent: Chairman, Rent Restriction Tribunal; Interested Party: Phillip Gitonga Gitahi
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E014 of 2023
- Procedural Posture
- Judicial Review / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- Application dismissed for want of prosecution.
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Omwoyo Osoro
Applicant
Chairman, Rent Restriction Tribunal
Respondent
Phillip Gitonga Gitahi
Interested Party
Procedural Posture
Judicial Review / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to non-attendance by the parties.
Ratio Decidendi
The court found that since the filing of the application dated 20th June, 2023, the applicant had never attended court and there was no explanation for the absence. The absence of both parties and their counsel on the date fixed for the Notice to Show Cause, despite the matter being cause-listed, indicated abandonment of the application. The court exercised its discretion to dismiss the suit for want of prosecution in accordance with the Civil Procedure Rules.
Court Disposition
Application dismissed for want of prosecution.
Orders
- The application is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
21 paragraphs
Osoro v Chairman, Rent Restriction Tribunal; Gitahi (Interested Party) (Judicial Review E014 of 2023) [2024] KEHC 6136 (KLR) (14 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6136 (KLR)
Republic of Kenya
In the High Court at Kiambu
Judicial Review E014 of 2023
DO Chepkwony, J
May 14, 2024
Between
Kennedy Omwoyo Osoro
Applicant
and
Chairman, Rent Restriction Tribunal
Respondent
and
Phillip Gitonga Gitahi
Interested Party
Ruling
1. This matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution, a Notice to Show Cause having issued on 15th November, 2023. Neither party nor their respective counsel have attended court despite the matter having been cause-listed. There is even no representation to explain their absence.
2. I have perused the court record and established that since the application dated 20th June, 2023 was filed, the Applicant has never attended court. There has been explanation for this.
3. In view of this, this Court finds the application abandoned and the same is dismissed for want of prosecution.It is so ordered.
RULING DATED AND SIGNED AT KIAMBU THIS 14TH DAY OF MAY, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partiesCourt Assistant - Martin