[2014] KEHC 7772 (KLR)
The court found that the plaintiff had not taken any steps to prosecute the suit since July 2010, a period of inordinate delay. The plaintiff failed to file any response or provide any explanation for the delay, indicating a lack of interest in pursuing the matter. The court concluded that the circumstances...
Source-derived case information.
- Citation
- [2014] KEHC 7772 (KLR)
- Parties
- Plaintiff: Paul Kimani Githaiga (As administrator of the estate of Evans Githaiga Githaiya, Deceased); Defendant: Kenyatta National Hospital; Defendant: Dr J C Mwangi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1411 of 2000
- Procedural Posture
- Civil Case / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution with costs to the defendants
- Judges
- DW Mbuteti
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Kimani Githaiga (As administrator of the estate of Evans Githaiga Githaiya, Deceased)
Plaintiff
Kenyatta National Hospital
Defendant
Dr J C Mwangi
Defendant
Procedural Posture
Civil Case / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the plaintiff's suit should be dismissed for want of prosecution due to inordinate delay.
- 2 Whether the plaintiff provided any explanation for the delay in prosecuting the suit.
Ratio Decidendi
The court found that the plaintiff had not taken any steps to prosecute the suit since July 2010, a period of inordinate delay. The plaintiff failed to file any response or provide any explanation for the delay, indicating a lack of interest in pursuing the matter. The court concluded that the circumstances justified dismissal of the suit for want of prosecution, and accordingly dismissed the plaintiff's suit against both defendants with costs.
Court Disposition
suit dismissed for want of prosecution with costs to the defendants
Orders
- The plaintiff's suit against both defendants is dismissed for want of prosecution.
- The defendants are awarded costs.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
CIVIL CASE NO. 1411 OF 2000
PAUL KIMANI GITHAIGA
(As administrator of the estate of
Evans Githaiga Githaiya, Deceased)……..…..…...…………….…...PLAINTIFF
V E R S U S
KENYATTA NATIONAL HOSPITAL
DR J C MWANGI………………….…………………...…..DEFENDANTS
R U L I N G
1. This is an application by the 2nd Defendant (notice of motion dated 23rd September 2013) for dismissal of the Plaintiff’s suit for want of prosecution. The 1st Defendant supports the application.
2. Though duly served, the Plaintiff did not file any response to the application.
3. I have read the supporting affidavit sworn by the 2nd Defendant’s advocate, Clare Mwangi. I have also perused the court record. Finally, I have considered the submissions of the learned counsel for the 2nd Defendant.
4. The court record reveals that amended plaint was filed on 12th March 2001. The 1st Defendant entered appearance and filed defence on 30th May 2001. Interlocutory judgment in default of appearance was entered against the 2nd Defendant, but the same was subsequently set aside upon the ground that the 2nd Defendant had never been served with summons to enter appearance. He subsequently filed defence on 20th July 2010 and served it upon the Plaintiff the following day. Since that time the Plaintiff has not taken any steps towards prosecution of his suit.
5. The Plaintiff has not offered any explanation for this inordinate delay as he did not bother to file any grounds of opposition or replying affidavit. It appears that he has lost interest in the suit.
6. In the circumstances the Plaintiff’s suit against both Defendants is hereby dismissed with costs for want of prosecution. It is so ordered.
DATED AND SIGNED AT NAIROBI THIS 25TH DAY OF MARCH 2014
H.P.G. WAWERU
JUDGE
DELIVERED THIS 28TH DAY OF MARCH 2014