[2024] KEHC 8618 (KLR)
The court found that the applicant had failed to prosecute the notice of motion dated 1st February, 2010 for a period of 14 years, indicating a lack of interest in pursuing the application. In the interest of justice and efficient case management, the court exercised its discretion to dismiss the application for...
Source-derived case information.
- Citation
- [2024] KEHC 8618 (KLR)
- Parties
- Appellant: Prinsal Enterprises Ltd; Respondent: Benson Onsinyo Osor
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 71 of 2004
- Procedural Posture
- Civil Appeal / Ruling on Notice of Motion for Want of Prosecution
- Outcome
- Application dismissed for want of prosecution; file closed.
- Judges
- MS Shariff
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Prinsal Enterprises Ltd
Appellant
Benson Onsinyo Osor
Respondent
Procedural Posture
Civil Appeal / Ruling on Notice of Motion for Want of Prosecution
Legal Issues
- 1 Whether the notice of motion dated 1st February, 2010 should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the applicant had failed to prosecute the notice of motion dated 1st February, 2010 for a period of 14 years, indicating a lack of interest in pursuing the application. In the interest of justice and efficient case management, the court exercised its discretion to dismiss the application for want of prosecution and ordered the file closed.
Court Disposition
Application dismissed for want of prosecution; file closed.
Orders
- The notice of motion dated 1st February, 2010 is dismissed for want of prosecution.
- This file is marked as closed.
Full Case Text
Judgment text and source record
17 paragraphs
Prinsal Enterprises Ltd v Osor (Civil Appeal 71 of 2004) [2024] KEHC 8618 (KLR) (18 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8618 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal 71 of 2004
MS Shariff, J
July 18, 2024
Between
Prinsal Enterprises Ltd
Appellant
and
Benson Onsinyo Osor
Respondent
Ruling
1. Whereas the Applicant herein filed a notice of motion dated 1st February, 2010 the same has not been prosecuted in the 14 years period that it has been alive in this court and it is thus apparent that the Applicant has lost interest in his application wherefore I hereby dismiss it for want of prosecution.
2. This file is marked as closed.
DATED, SIGNED AND DELIVERED THIS 18THDAY OF JULY, 2024. M. S. SHARIFFJUDGE