[2018] KEHC 10257 (KLR)
The court found that the notice to show cause was issued prematurely because less than a year had elapsed since the last action in the matter, namely the notification by the plaintiff's counsel that mediation had failed. Therefore, the statutory threshold for issuing a notice to show cause for want of prosecution...
Source-derived case information.
- Citation
- [2018] KEHC 10257 (KLR)
- Parties
- Plaintiff: Salama Mahmoud Saad; Defendant: Kikas Investments Limited; Defendant: Abdillahi Abdi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause 462 of 2011
- Procedural Posture
- Miscellaneous Cause / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- notice to show cause expunged; suit to proceed
- Judges
- MM Kasango
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Mediation Failure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Salama Mahmoud Saad
Plaintiff
Kikas Investments Limited
Defendant
Abdillahi Abdi
Defendant
Procedural Posture
Miscellaneous Cause / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution at this stage.
- 2 Whether the notice to show cause was properly issued given the recent activity in the case.
Ratio Decidendi
The court found that the notice to show cause was issued prematurely because less than a year had elapsed since the last action in the matter, namely the notification by the plaintiff's counsel that mediation had failed. Therefore, the statutory threshold for issuing a notice to show cause for want of prosecution had not been met. The court expunged the notice from the record and directed the plaintiff to proceed with prosecution of the suit, including compliance with case management conference requirements.
Court Disposition
notice to show cause expunged; suit to proceed
Orders
- Notice to show cause dated 19th November 2018 is expunged from the record.
- Plaintiff is directed to prosecute the matter and comply with case management conference requirements.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL & ADMIRALTY DIVISION
MISC CAUSE NO. 462 OF 2011
SALAMA MAHMOUD SAAD........................................................PLAINTIFF
-VERSUS-
KIKAS INVESTMENTS LIMITED...................................1ST DEFENDANT
ABDILLAHI ABDI..............................................................2ND DEFENDANT
RULING
1. A notice to show cause was issued in this case by the Deputy Registrar of this Court for the Plaintiff, Salama Mahmoud Saad, to show cause why this suit should not be dismissed for want of prosecution.
2. This case was filed in the year 2011. Parties engaged the court, initially, in entertaining interlocutory application. The court issued orders requiring the 2nd defendant, Abdillahi Abdi, to allow inspection into the affairs of the 1st defendant company.
3. Although it is not clear from the court record, it does seem that the matter was referred for Mediation but a settlement was not reached.
4. On 1st March 2018 the plaintiff’s counsel informed the court that mediation had failed to resolve the dispute.
5. From the above it becomes clear that the issuance of the notice to show cause was premature, since a year has not lapsed since the last action in this matter.
6. It is for that reason that Notice to Show Cause dated 19th November 2018 is expunged from the record. The plaintiff is however directed to prosecute this matter and in that record parties need to comply with Case Management Conference (CMC).
7. In the end, at the reading of this Ruling a date for CMC will be given to the parties.
DATED, SIGNED and DELIVERED at NAIROBI this 6th day of December, 2018.
MARY KASANGO
JUDGE
Ruling read and delivered in open court in the presence of:
Court Assistant....................Sophie
........................................... for the Plaintiff
........................................... for the Defendants
MARY KASANGO
JUDGE