[2024] KEHC 8643 (KLR)
The court found that the applicant had failed to prosecute the notice of motion application for a period of 20 years, indicating a lack of interest in pursuing the matter. In the interest of justice and efficient case management, the court exercised its discretion to dismiss the application for want of prosecution...
Source-derived case information.
- Citation
- [2024] KEHC 8643 (KLR)
- Parties
- Applicant: Republic; Respondent: Senior Resident Magistrate, Siaya; Applicant: Opiyo Wameyo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 284 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
- Outcome
- Application dismissed for want of prosecution.
- 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
Republic
Applicant
Senior Resident Magistrate, Siaya
Respondent
Opiyo Wameyo
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the application should be dismissed for want of prosecution due to inordinate delay.
- 2 Whether the applicant has demonstrated interest in prosecuting the application.
Ratio Decidendi
The court found that the applicant had failed to prosecute the notice of motion application for a period of 20 years, indicating a lack of interest in pursuing the matter. 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.
Orders
- The notice of motion application dated 6th December, 2004 is dismissed for want of prosecution.
- This file is marked as closed.
Full Case Text
Judgment text and source record
20 paragraphs
Republic v Senior Resident Magistrate, Siaya; Wameyo (Exparte Applicant) (Miscellaneous Civil Application 284 of 2004) [2024] KEHC 8643 (KLR) (18 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8643 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 284 of 2004
MS Shariff, J
July 18, 2024
Between
Republic
Applicant
and
Senior Resident Magistrate, Siaya
Respondent
and
Opiyo Wameyo
Exparte Applicant
Ruling
1. Whereas the Applicant herein filed a notice of motion application dated 6th December, 2004 the same has not been prosecuted in the 20 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