[2011] KEHC 1452 (KLR)
The court found that the plaintiff had not taken any steps to prosecute the suit for over four years, and the interested party, though enjoined, had also not moved the court for hearing dates or advanced the matter. No sufficient reason was provided for the prolonged inactivity. The court held that it would be...
Source-derived case information.
- Citation
- [2011] KEHC 1452 (KLR)
- Parties
- Plaintiff: Priscilla Chebet Kosimbei; Defendant: National Bank Sortum; Defendant: Watts Enterprises; Interested Party: Williter C Sortum
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 252 of 2004
- Procedural Posture
- Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- RPV Wendoh
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Joinder of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Priscilla Chebet Kosimbei
Plaintiff
National Bank Sortum
Defendant
Watts Enterprises
Defendant
Williter C Sortum
Interested Party
Procedural Posture
Civil Case / Ruling on Notice to Show Cause 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 interested party can sustain or proceed with the suit in the absence of the plaintiff.
- 3 Whether sufficient cause has been shown to keep the suit pending.
Ratio Decidendi
The court found that the plaintiff had not taken any steps to prosecute the suit for over four years, and the interested party, though enjoined, had also not moved the court for hearing dates or advanced the matter. No sufficient reason was provided for the prolonged inactivity. The court held that it would be unjust to keep the matter pending indefinitely without prosecution, and that the interested party could not proceed in the absence of the plaintiff. Accordingly, the suit was dismissed for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is hereby dismissed for want of prosecution.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CIVIL CASE NO 252 OF 2004
PRISCILLACHEBET KOSIMBEI ……..…........................……...…..PLAINTIFF
VERSUS
NATIONAL BANK SORTUM ……………............................…..1ST DEFENDANT
WATTS ENTERPRISES…………….........................………….2ND DEFENDANT
AND
WILLITER C SORTUM ……….….........................……….INTERESTED PARTY
RULING
This suitwas filed on 7/9/2004. Since 17/7/2007, the plaintiff has not taken any steps towards prosecution of this suit. The court issued a Notice to Show Cause on 6/4/2011 and the plaintiff’s counsel sought an adjournment in order to file a replying affidavit. One Williter Chepkoech Sortum swore an affidavit to the effect that she is an advocate of the High Court and wanted to be enjoined to the suit in order to protect her interest in the matter. She filed her claim as directed by the court. That on 15/3/08, the advocate wrote to the plaintiff’s advocate asking them to fix the matter for hearing ( WCS 3) . She depones that as an interested Party there is not much she could have done to have the matter fixed for hearing without the plaintiff.
Mr Kurgat urged the courtnot to dismiss the claim because the interested Party will be prejudiced. At the same time, the Interested Party contends that she cannot pursue the claim without the participation of the plaintiff. I do not know how the Interested Party had intended to proceed without the plaintiff. If the Interested Party can take over the proceedings now, she could have moved the court much earlier and moved the court for hearing dates . It is over 4 years since the plaintiff took steps in this matter and over 3 years since the Interested Party was enjoined to these proceedings. This court has not been given any reason why the matter should remain pending. It is hereby dismissed for want of prosecution .
DATED AND DELIVERED THIS 17TH DAY OF JUNE 2011
R.P.V WENDOH
JUDGE
PRESENT
Mr Morendant for InterestedParty
Mr Kurgat
CC: Kennedy Oguma