[2014] KEHC 164 (KLR)
The court found that the parties had failed to take any steps to prosecute the suit for significant periods and, despite being issued with notice under Order 17 of the Civil Procedure Rules, failed to appear and show cause why the suit should not be dismissed. The court was satisfied that the notice was properly...
Source-derived case information.
- Citation
- [2014] KEHC 164 (KLR)
- Parties
- Plaintiff: Peter Mukaria; Defendant: Abdullahi Halake; Defendant: Aron Aleke; Defendant: Jatari Jillo; Defendant: Diba Wako
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 99 of 2005
- Procedural Posture
- Civil Suit / Ruling on Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Order 17 Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Mukaria
Plaintiff
Abdullahi Halake
Defendant
Aron Aleke
Defendant
Jatari Jillo
Defendant
Diba Wako
Defendant
Procedural Posture
Civil Suit / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 of the Civil Procedure Rules.
Ratio Decidendi
The court found that the parties had failed to take any steps to prosecute the suit for significant periods and, despite being issued with notice under Order 17 of the Civil Procedure Rules, failed to appear and show cause why the suit should not be dismissed. The court was satisfied that the notice was properly issued and, in the absence of any explanation or action by the parties, dismissed the suit for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
- There shall be no orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO. 99 OF 2005
PETER MUKARIA.......PLAINTIFF/RESPONDENT
V
ABDULAHI HALAKE..................1ST DEFENDANT
ARON ALEKE.....................2ND DEFENDANT
JATARI JILLO..................3RD DEFENDANT
DIBA WAKO..............................4TH DEFENDANT
RULING
15/10/2014, this court directed that Notice be issued in terms of Order 17 of the Civil Procedure Rules that the parties do come to court on 4/11/2014 to show cause why this suit should not be dismissed for want of prosecution. I have satisfied myself that the requisite notice was properly issued. I confirm that no step was taken in this matter between 10/11/09 and 30/6/13 and between 20/6/13 and 22/7/14.
On 4/11/2014 none of the parties showed up in court to show cause, to the satisfaction of this court, why this suit should not be dismissed. I find that no cause has been shown as to why I should not dismiss this suit.
In the circumstances, this suit is dismissed with no orders as to costs.
It is so ordered.
Delivered in open Court at Meru this 14th day of November, 2014.
Cc. Arimi/Lilian
Igweta holding brief for Kimathi Kiara for plaintiff.
P. M. NJOROGE
JUDGE