[2009] KEHC 2176 (KLR)
The court found that the plaintiff had failed to take any steps to prosecute the suit for over two years and five months since the last court appearance, demonstrating a lack of interest in pursuing the claim. The absence of any opposition to the application for dismissal further supported the conclusion that the...
Source-derived case information.
- Citation
- [2009] KEHC 2176 (KLR)
- Parties
- Plaintiff: Samnel Insurance Brokers Ltd; Defendant: Santack Enterprises Ltd; Defendant: 3rd Defendant; Defendant: 2nd Defendant; Defendant: 1st Defendant
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 215 of 2005
- Procedural Posture
- Civil Case / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- Suit against the third defendant dismissed for want of prosecution with costs to the third defendant.
- Judges
- PM Mwilu
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Costs Award
- 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
Samnel Insurance Brokers Ltd
Plaintiff
Santack Enterprises Ltd
Defendant
3rd Defendant
Defendant
2nd Defendant
Defendant
1st Defendant
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 due to inaction by the plaintiff.
- 2 Whether costs should be awarded to the third defendant upon dismissal.
Ratio Decidendi
The court found that the plaintiff had failed to take any steps to prosecute the suit for over two years and five months since the last court appearance, demonstrating a lack of interest in pursuing the claim. The absence of any opposition to the application for dismissal further supported the conclusion that the plaintiff had abandoned the suit. The court exercised its discretion to dismiss the suit as against the third defendant for want of prosecution and awarded costs to the third defendant.
Court Disposition
Suit against the third defendant dismissed for want of prosecution with costs to the third defendant.
Orders
- The suit as against the third defendant is dismissed for want of prosecution.
- The third defendant is awarded costs of the application.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
Civil Case 215 of 2005
SAMNEL INSURANCE BROKERS LTD:……………… …..PLAINTIFF
VERSUS
SANTACK ENTERPRISES LTD & 3 OTHERS:............….DEFENDANT
R U L I N G
The Third Defendant has taken out a Notice of Motion to have the plaintiff’s suit dismissed for want of prosecution and for costs of the application. It is based on the ground that for over two years and five months since the suit was adjourned generally the plaintiff has taken no action whatsoever to progress it. The Application was served on all other parties herein and none has filed any opposition to it.
A perusal of the court file indicates that the matter was last in court on 6/10/2005 when under a certificate of urgency interim injunctive orders were granted to the Plaintiff. The Plaintiff has lost interest in the suit henceforth. The continued existence of this case in the court serves the sole purpose of taking up registry space.
I have considered the Application and find this a suitable suit for dismissal. The suit as against the Third Defendant is consequently dismissed with costs.
DATED IN ELDORET THIS 27TH DAY OF JANUARY 2009
P.M. MWILU
JUDGE
DELIVERED IN OPEN COURT AT NAIROBI THIS 13TH DAY OF FEBRUARY, 2009.
J. KHAMINWA
JUDGE
IN THE PRESENCE OF:-
……………………………..Advocate for the Plaintiff
………………………………Advocate for the 1st Defendant
……………………………….Advocate for the 2nd Defendant
……………………………….Advocate for the 3rd Defendant