[2021] KEHC 12951 (KLR)

[2021] KEHC 12951 (KLR)

The court found that neither party attended nor took steps to prosecute the suit after notice to show cause was served. In accordance with the Civil Procedure Rules, the absence of action justified dismissal for want of prosecution. The court exercised its discretion to dismiss the suit and awarded costs to the...

Source-derived case information.

Citation
[2021] KEHC 12951 (KLR)
Parties
Plaintiff: Professional Marketing Services Ltd; Defendant: Uchumi Supermarkets Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Civil Case 52 of 2016
Procedural Posture
Civil Case / Notice to Show Cause for Dismissal
Outcome
suit dismissed for want of prosecution with costs
Legal Topics
Dismissal for Want of Prosecution, Notice to Show Cause, Costs Award
Source Language
en
Civil Procedure Dismissal for Want of Prosecution Notice to Show Cause Costs Award

Source-derived case record

Summary, issues, holding and outcome

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Parties

Professional Marketing Services Ltd

Plaintiff

Uchumi Supermarkets Limited

Defendant

Procedural Posture

Civil Case / Notice to Show Cause for Dismissal

Legal Issues

  1. 1 Whether the suit should be dismissed for want of prosecution.

Ratio Decidendi

The court found that neither party attended nor took steps to prosecute the suit after notice to show cause was served. In accordance with the Civil Procedure Rules, the absence of action justified dismissal for want of prosecution. The court exercised its discretion to dismiss the suit and awarded costs to the defendant.

Court Disposition

suit dismissed for want of prosecution with costs

Orders

  • The suit is dismissed for want of prosecution with costs to the defendant.
  • The file is to be closed.