[2024] KEHC 6637 (KLR)
The court found that no action had been taken on the application for over 20 years, indicating abandonment and lack of interest in prosecuting the matter. The court held that dismissing the application for want of prosecution would not occasion prejudice to any party, as the application had effectively died a...
Source-derived case information.
- Citation
- [2024] KEHC 6637 (KLR)
- Parties
- Applicant: Jacob Opiyo Otieno; Respondent: Centre for Disease Control
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 81 of 2003
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Transfer and Dismissal for Want of Prosecution
- Outcome
- application dismissed for want of prosecution
- Judges
- RE Aburili
- Legal Topics
- Transfer of Suit, Pecuniary Jurisdiction, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Opiyo Otieno
Applicant
Centre for Disease Control
Respondent
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Transfer and Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the application for transfer of suit should be allowed after over 20 years of inactivity.
- 2 Whether the application should be dismissed for want of prosecution.
Ratio Decidendi
The court found that no action had been taken on the application for over 20 years, indicating abandonment and lack of interest in prosecuting the matter. The court held that dismissing the application for want of prosecution would not occasion prejudice to any party, as the application had effectively died a natural death. The overriding objective of the court is to facilitate the just, expeditious, proportionate, and affordable resolution of civil disputes. Allowing dormant applications to clog the court system is contrary to this objective. Therefore, the application dated 2nd April 2003 was dismissed for want of prosecution, and the file was ordered closed.
Court Disposition
application dismissed for want of prosecution
Orders
- The application dated 2nd April 2003 is dismissed for want of prosecution.
- No orders as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
Otieno v Centre for Disease Control (Miscellaneous Civil Application 81 of 2003) [2024] KEHC 6637 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6637 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 81 of 2003
RE Aburili, J
June 3, 2024
Between
Jacob Opiyo Otieno
Applicant
and
Centre for Disease Control
Respondent
Ruling
1. This is a 2003 case. The matter was originated vide an application dated 2nd April 2003 which is over 21 years ago, seeking for transfer of Kisumu HCCC No. 76 of 2002 between the parties hereto to the SPM’s court at Kisumu for hearing and determination on the ground that the pecuniary jurisdiction of the lower court was enhanced, falling within the jurisdiction of the SPM’s court’s enhanced jurisdiction.
2. The last action was a notice of objection to the said application dated 23rd April 2003.
3. As no action has been taken for over 20 years and the application must have died a natural death, no prejudice will be occasioned if the application is disposed of.
4. The application dated 2nd April 2003 is hereby dismissed for want of prosecution with no orders as to costs.
5. File is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2024R. E. ABURILIJUDGE