[2021] KEHC 12933 (KLR)
The court found that there had been no appearance by the parties and that the matter had not been prosecuted. In accordance with the notice of dismissal for want of prosecution and the applicable procedural rules, the court exercised its discretion to dismiss the suit for want of prosecution with costs to the...
Source-derived case information.
- Citation
- [2021] KEHC 12933 (KLR)
- Parties
- Plaintiff: Simani & Associates Advocates; Defendant: Karachiwala (Nairobi) Ltd & Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 342 of 2014
- Procedural Posture
- Miscellaneous Application / Notice of Dismissal for Want of Prosecution
- Outcome
- dismissed_for_want_of_prosecution
- Legal Topics
- Dismissal for Want of Prosecution, Costs Award, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simani & Associates Advocates
Plaintiff
Karachiwala (Nairobi) Ltd & Another
Defendant
Procedural Posture
Miscellaneous Application / Notice of Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution.
Ratio Decidendi
The court found that there had been no appearance by the parties and that the matter had not been prosecuted. In accordance with the notice of dismissal for want of prosecution and the applicable procedural rules, the court exercised its discretion to dismiss the suit for want of prosecution with costs to the defendant.
Court Disposition
dismissed_for_want_of_prosecution
Orders
- The suit is dismissed for want of prosecution with costs.
- The file shall forthwith close.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL AND TAX DIVISION
MISC. CASE NO. 342 OF 2014
SIMANI & ASSOCIATES ADVOCATES...............................PLAINTIFF
VERSUS
KARACHIWALA (NAIROBI) LTD & ANOTHER.............DEFENDANT
RULING
No appearance by parties. The matter is in court for Notice of Dismissal for want of prosecution. The matter is accordingly dismissed for want of prosecution with costs.
File shall forthwith close.
DATED AND DELIVERED AT NAIROBI THIS 17TH MAY, 2021
G. W. NGENYE-MACHARIA
JUDGE