[2021] KEHC 6711 (KLR)
The court found that, following service of the Notice to Show Cause and no attendance or action by any party, the suit had not been prosecuted. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution, ensuring judicial efficiency and finality....
Source-derived case information.
- Citation
- [2021] KEHC 6711 (KLR)
- Parties
- Plaintiff: Star Travel & Tours Limited; Plaintiff: Star Sourcing & Supplies Ltd; Plaintiff: Joan Gathoni Ngugi; Defendant: SBM Bank Ltd (formerly Chase Bank); Respondent: Westminister Commercial Auctioneers
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 331 of 2017
- Procedural Posture
- Civil Case / Notice to Show Cause for Dismissal
- Outcome
- suit dismissed for want of prosecution with costs
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Star Travel & Tours Limited
Plaintiff
Star Sourcing & Supplies Ltd
Plaintiff
Joan Gathoni Ngugi
Plaintiff
SBM Bank Ltd (formerly Chase Bank)
Defendant
Westminister Commercial Auctioneers
Respondent
Procedural Posture
Civil Case / Notice to Show Cause for Dismissal
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution.
Ratio Decidendi
The court found that, following service of the Notice to Show Cause and no attendance or action by any party, the suit had not been prosecuted. In accordance with the Civil Procedure Rules, the court exercised its discretion to dismiss the suit for want of prosecution, ensuring judicial efficiency and finality. Costs were awarded to the defendants as a consequence of the plaintiffs' inaction.
Court Disposition
suit dismissed for want of prosecution with costs
Orders
- The suit is dismissed for want of prosecution with costs.
- The file is to be closed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL AND TAX DIVISION
CIVIL CASE NO. 331 OF 2017
STAR TRAVEL & TOURS LIMITED...................................................................1ST PLAINTIFF
STAR SOURCING & SUPPLIES LTD.................................................................2ND PLAINTIFF
JOAN GATHONI NGUGI.....................................................................................3RD PLAINTIFF
VERSUS
SBM BANK LTD (FORMERLY CHASE BANK)...................................................DEFENDANT
WESTMINISTER COMMERCIAL AUCTIONEERS......2ND DEFENDANT/RESPONDENT
RULING
The matter is before the court for Notice to Show Cause why the suit/matter should not be dismissed for want of prosecution.
There being no attendance by any party after service of the Notice to Show Cause by the Registry, the suit herein is dismissed for want of prosecution with costs.
File to close.
DATED AND DELIVERED AT NAIROBI THIS 19TH MAY, 2021
G. W. NGENYE-MACHARIA
JUDGE