[2012] KEHC 4691 (KLR)
The court found that the plaintiff had not taken any steps to prosecute the suit for over five years and had not responded to the defendant's application for dismissal. The prolonged inaction indicated a lack of interest in pursuing the matter. In accordance with the Civil Procedure Rules, the court exercised its...
Source-derived case information.
- Citation
- [2012] KEHC 4691 (KLR)
- Parties
- Plaintiff: Peter Muremwa Nganga; Defendant: Mary Njeri Nganga
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 642 of 2006
- Procedural Posture
- Civil Suit / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- Suit dismissed for want of prosecution with costs to the defendant.
- 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
Peter Muremwa Nganga
Plaintiff
Mary Njeri Nganga
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to inaction by the plaintiff.
- 2 Whether the defendant is entitled to costs upon dismissal of the suit.
Ratio Decidendi
The court found that the plaintiff had not taken any steps to prosecute the suit for over five years and had not responded to the defendant's application for dismissal. The prolonged inaction indicated a lack of interest in pursuing the matter. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution. Costs were awarded to the defendant as the successful party, consistent with the general rule that costs follow the event.
Court Disposition
Suit dismissed for want of prosecution with costs to the defendant.
Orders
- The suit is dismissed for want of prosecution.
- Costs are awarded to the defendant.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL DIVISION
CIVIL SUIT NO. 642 OF 2006
PETER MUREMWA NGANGA………………………..………...PLAINTIFF
VERSUS
MARY NJERI NGANGA…….…...…..….………………..……DEFENDANT
R U L I N G
1. An application by the Defendant for dismissal of this suit for want of prosecution (notice of motion dated 26th April 2007) appears to have been withdrawn on 30th January 2007 to enable the parties to prepare the suit for hearing.
2. For a considerable period of time thereafter the Plaintiff appears not to have done anything towards preparing the suit for hearing. The Defendant then filed notice of motion 9th January 2009 for an order of dismissal of suit for want of prosecution. That application is the subject of this ruling.
3. The Plaintiff was duly served with the application. He never filed any response to the application, and the same is therefore unopposed.
4. The Plaintiff appears to have lost interest in this suit. For over 5 years now he has not taken any steps towards hearing the suit. The same is hereby dismissed for want of prosecution with costs to the Defendant. It is so ordered.
DATED AT NAIROBI THIS 10TH DAY OF MAY 2012.
H.P.G. WAWERU
JUDGE
DELIVERED AT NAIROBI THIS 11TH DAY OF MAY 2012.