[2014] KEHC 3533 (KLR)
The court found that the Plaintiff had not sufficiently progressed the suit and could not rely solely on ongoing negotiations or a pending appeal as justification for delay. However, in the interest of substantive justice, the court exercised its discretion to grant the Plaintiff additional time to comply with...
Source-derived case information.
- Citation
- [2014] KEHC 3533 (KLR)
- Parties
- Plaintiff: Ramco Investment Limited; Defendant: Nairobi City Water and Sewerage Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 369 of 2010
- Procedural Posture
- Civil Suit / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- Suit not dismissed; Plaintiff granted time to comply with pre-trial directions.
- Judges
- DO Ogembo
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Pre Trial Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ramco Investment Limited
Plaintiff
Nairobi City Water and Sewerage Company Limited
Defendant
Procedural Posture
Civil Suit / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2 of the Civil Procedure Rules 2010.
- 2 Whether the reasons advanced by the Plaintiff justify the delay in prosecuting the suit.
Ratio Decidendi
The court found that the Plaintiff had not sufficiently progressed the suit and could not rely solely on ongoing negotiations or a pending appeal as justification for delay. However, in the interest of substantive justice, the court exercised its discretion to grant the Plaintiff additional time to comply with pre-trial directions and progress the suit, warning that failure to do so would result in dismissal.
Court Disposition
Suit not dismissed; Plaintiff granted time to comply with pre-trial directions.
Orders
- Parties to comply with Order 11 and pre-trial directions within 60 days from the date of the ruling.
- Matter to be mentioned on 26th September 2014 for confirmation of compliance.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
COMMERCIAL & ADMIRALTY DIVISION
HCCC NO. 369 OF 2010
RAMCO INVESTMENT LIMITED....................................................PLAINTIFF
- VERSUS -
NAIROBI CITY WATER AND SEWARAGE COMPANY LIMITED....DEFENDANT
R U L I N G
1. This Ruling in relation to a Notice to Show Cause dated 13th May 2014 issued to the parties herein pursuant to Order 17 Rule 2 of the Civil Procedure Rules 2010 to show cause why the suit should not be dismissed for want of prosecution.
2. The Plaintiff’s advocates attended the court on 6th June 2014 and asked for more time to respond to the said Notice. The court extended time to 30th June 2014. The Plaintiff has now filed an affidavit dated 24th June 2014 and gives reasons therein as to why the court should not dismiss the matter.
3. The Plaintiff has explained the delay saying that the Plaintiffs filed an application and sought orders of injunction against the Defendant. Those orders were denied and the Plaintiffs sought remedy at the court of appeal where the matter is still pending. On that ground the Plaintiffs now seeks the indulgence of this court. Further, the Plaintiffs states that parties are attempting to negotiate the matter and that they only need 3 – 4 months to conclude the same.
4. What I need to emphasise at this stage is that the Plaintiff cannot purport to come to court only for the sole reason of getting the Defendant to negotiating a solution to the matter. The Plaintiff who comes to court should be able to prosecute the suit without seeking goodwill from the aggressor. I am therefore not satisfied that the Plaintiff has done enough to progress the suit. However, in the interest of substantive justice I will grant the Plaintiff the time it requires to enable it sort out this matter or else it will be dismissed.
5. In the upshot, I direct that the suit shall proceed to finalization or merit and direct the parties to comply with Order 11 and pre-trial directions within 60 days from today.
6. The matter will be mentioned on 26th September 2014 for confirmation of those directions.
Orders accordingly.
DATED, READ AND DELIVERED AT NAIROBI THIS 30TH DAY OF JULY 2014
E. K. O. OGOLA
JUDGE
PRESENT:
No appearance for Plaintiff
No appearance for the Defendant
Teresia – Court Clerk