[2006] KEHC 1507 (KLR)
The court found that the plaintiff had failed to take any steps to prosecute the suit since its filing in 1995, and had not opposed the defendant's application to strike out the suit for want of prosecution. The absence of any response from the plaintiff indicated a lack of interest in pursuing the matter. The...
Source-derived case information.
- Citation
- [2006] KEHC 1507 (KLR)
- Parties
- Plaintiff: Stephen Waweru Njenga; Defendant: Maragaret Beatrice Murigi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 12 of 1995
- Procedural Posture
- Civil Case / Ruling on Application to Strike Out Suit for Want of Prosecution
- Outcome
- Suit struck out for want of prosecution; costs awarded to the defendant.
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Waweru Njenga
Plaintiff
Maragaret Beatrice Murigi
Defendant
Procedural Posture
Civil Case / Ruling on Application to Strike Out Suit for Want of Prosecution
Legal Issues
- 1 Whether the suit should be struck out for want of prosecution due to inordinate delay by the plaintiff.
- 2 Whether the defendant is entitled to costs upon dismissal of the suit.
Ratio Decidendi
The court found that the plaintiff had failed to take any steps to prosecute the suit since its filing in 1995, and had not opposed the defendant's application to strike out the suit for want of prosecution. The absence of any response from the plaintiff indicated a lack of interest in pursuing the matter. The court, therefore, allowed the application and struck out the suit for want of prosecution, awarding costs to the defendant.
Court Disposition
Suit struck out for want of prosecution; costs awarded to the defendant.
Orders
- The plaintiff's suit is struck out for want of prosecution.
- The defendant is awarded costs of the suit.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 12 of 1995
STEPHEN WAWERU NJENGA ………………….................………………..….…PLAINTIFF
VERSUS
MARAGARET BEATRICE MURIGI……………………...............…………….DEFENDANT
RULING
The defendant by this Notice of Motion dated 11th May 2004 and expressed to be brought under Order XVI Rule 5 and Order L Rule 1 of the Civil Procedure Rules seeks orders that the plaintiffs’ suit be struck out for want of prosecution and that costs be provided for.
The Application is premised on grounds that the suit was filed in 1995 and the plaintiff has not taken any steps to fix the suit down for hearing.
The application is supported by an affidavit sworn by counsel in which he avers that the plaintiff has lost interest in the suit. The plaintiff was served with this application but he did not file any papers and therefore the application is unopposed and the same is allowed in terms of Prayer 1 and 2 of the Notice of Motion dated 11th May 2004.
Dated and delivered at Nairobi this 29th day of June 2006.
J.L.A. OSIEMO
JUDGE