[2010] KEHC 2470 (KLR)
The court found that the plaintiff had not taken any steps to prosecute the suit for over 21 months after the closure of pleadings. The plaintiff also failed to oppose the application for dismissal, either by filing grounds of opposition, replying affidavits, or appearing at the hearing. The court concluded that the...
Source-derived case information.
- Citation
- [2010] KEHC 2470 (KLR)
- Parties
- Plaintiff: Rift Valley & General Supplies Ltd; Defendant: Kenya Commercial Bank Ltd
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 160 of 2005
- Procedural Posture
- Civil Case / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution with costs to the defendant
- Legal Topics
- Dismissal for Want of Prosecution, Statutory Power of Sale, Injunctions, Pleadings Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rift Valley & General Supplies Ltd
Plaintiff
Kenya Commercial Bank Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution.
- 2 Whether the plaintiff took any steps to prosecute the case after the closure of pleadings.
Ratio Decidendi
The court found that the plaintiff had not taken any steps to prosecute the suit for over 21 months after the closure of pleadings. The plaintiff also failed to oppose the application for dismissal, either by filing grounds of opposition, replying affidavits, or appearing at the hearing. The court concluded that the plaintiff had lost interest in the case, especially after its application for injunction was dismissed and the charged property was sold. Accordingly, the court exercised its discretion to dismiss the suit for want of prosecution under Order 16 Rule 5(a) of the Civil Procedure Rules.
Court Disposition
suit dismissed for want of prosecution with costs to the defendant
Orders
- The suit is dismissed for want of prosecution.
- The defendant shall have the costs of the suit and the application.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU
Civil Case 160 of 2005
RIFT VALLEY& GENERALSUPPLIES LTD…...PLAINTIFF
VERSUS
KENYA COMMERCIAL BANK LTD…………DEFENDANT
RULING
I have before me a Notice of Motion brought by the defendant under Order 16 Rule 5(a) and Order 50 Rule 1 of the Civil Procedure Rules as well as Section 3Aof the Civil Procedure Act seeking the dismissal of this suit for want of prosecution.Though served the plaintiff did not file any grounds of opposition or replying affidavits or even appear at the hearing to oppose it.
This was a case in which the plaintiff sought to restrain the defendant from selling its property in exercise of its statutory power of sale.When its application for injunction in that regard was dismissed and its charged property sold, it would seem the plaintiff lost interest in this case.In the circumstances, I agree with Mr. Murimi for the defendant that since the pleadings closed over 21 months ago the plaintiff has not taken any step to fix this case for hearing.Consequently I allow this application and dismiss this suit with costs for want of prosecution.
The appellant shall also have the costs of this application.
SIGNED, DATED and DELIVERED at Nakuru this 31st day of March, 2010.
D. K. MARAGA
JUDGE.