[2011] KEHC 2555 (KLR)
The court found that there had been an inordinate delay of over three years since the last attempt to prosecute the case, and the plaintiff had not responded to the application or participated in the proceedings. The absence of any explanation or action by the plaintiff indicated a loss of interest in the suit. The...
Source-derived case information.
- Citation
- [2011] KEHC 2555 (KLR)
- Parties
- Applicant: Sulmac Company Ltd; Respondent: Gathamba Munge
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 179 of 2001
- Procedural Posture
- Civil Case / Ruling on Application to Dismiss for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution with costs to the defendant/applicant
- Judges
- SP Ouko
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Case Backlog
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sulmac Company Ltd
Applicant
Gathamba Munge
Respondent
Procedural Posture
Civil Case / Ruling on Application to Dismiss for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to inordinate delay by the plaintiff.
- 2 Whether the plaintiff has demonstrated any interest or intention to prosecute the suit.
Ratio Decidendi
The court found that there had been an inordinate delay of over three years since the last attempt to prosecute the case, and the plaintiff had not responded to the application or participated in the proceedings. The absence of any explanation or action by the plaintiff indicated a loss of interest in the suit. The court exercised its discretion to dismiss the suit for want of prosecution, noting that the continued pendency of the case contributed unnecessarily to the backlog of cases.
Court Disposition
suit dismissed for want of prosecution with costs to the defendant/applicant
Orders
- The suit is dismissed for want of prosecution.
- Costs awarded to the defendant/applicant.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CIVIL CASE NO.179 OF 2001
SULMAC COMPANY LTD..................................................................................................APPLICANT/DEFENDANT
VERSUS
GATHAMBA MUNGE..........................................................................................................RESPONDENT/PLAINTIFF
RULING
The plaint in this case was filed on 24th May, 2001 and the defence filed on 6th July, 2001. Four years later, on 24th March, 2005, the defendant/applicant brought the instant application praying that the suit be dismissed for want of prosecution. That application itself has taken 5½ years to be heard. However, it should be noted that this case was set down for hearing on 7th March., 2002. It is not clear what happened as there is no record for that day.
What is clear though is that the last attempt to hear the case was in March, 2002, some three years before this application was made and 8½ years today.
Despite service with both the application and hearing notice, the plaintiff/respondent has not replied or participated in the argument of the application. It is apparent that he has lost interest in his own claim. This case is therefore an unnecessary statistic of backlog. It is dismissed with costs to the defendant/applicant.
Dated, Delivered and Signed at Nakuru this 6th day of April, 2011.
W. OUKO
JUDGE