[2006] KEHC 2166 (KLR)
The court found that the suit was properly and procedurally dismissed for want of prosecution in the presence of counsel for both parties, and that the applicant took no steps to have the suit heard and determined. The applicant's subsequent attempt to revive the suit, twenty-four years after filing, was deemed an...
Source-derived case information.
- Citation
- [2006] KEHC 2166 (KLR)
- Parties
- Applicant: Teresa Wanjiru Migwi; Respondent: Charles Justus Ngenye; Respondent: Julia Wangithi Muthoga
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 184 of 1982
- Procedural Posture
- Civil Suit / Ruling on Chamber Summons for Reinstatement
- Outcome
- application dismissed with costs to the respondent
- Judges
- JM Khamoni
- Legal Topics
- Dismissal for Want of Prosecution, Reinstatement of Suit, Advocate Negligence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Teresa Wanjiru Migwi
Applicant
Charles Justus Ngenye
Respondent
Julia Wangithi Muthoga
Respondent
Procedural Posture
Civil Suit / Ruling on Chamber Summons for Reinstatement
Legal Issues
- 1 Whether the suit, dismissed for want of prosecution, should be reinstated upon the applicant's request twenty-four years after filing.
- 2 Whether the applicant's allegations against her previous advocate justify setting aside the dismissal.
Ratio Decidendi
The court found that the suit was properly and procedurally dismissed for want of prosecution in the presence of counsel for both parties, and that the applicant took no steps to have the suit heard and determined. The applicant's subsequent attempt to revive the suit, twenty-four years after filing, was deemed an afterthought, especially as she failed to provide any comment or explanation from her previous advocate regarding the alleged faults. The court held that without such substantiation, and given the inordinate delay, there was no sufficient cause to warrant reinstatement of the suit. The application was therefore dismissed with costs to the respondent.
Court Disposition
application dismissed with costs to the respondent
Orders
- The Chamber Summons dated 30th May, 2002 is dismissed with costs to the Respondent.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Civil Suit 184 of 1982
TERESA WANJIRU MIGWI………................................................…………PLAINTIFF/APPLICANT
Versus
CHARLES JUSTUS NGENYE
JULIA WANGITHI MUTHOGA……….................................…….DEFENDANTS/RESPONDENTS
RULING
Having carefully considered what was brought to my attention during the hearing of Chamber summons dated 30th May, 2002 when Mr. Muthoni, Counsel for the Applicant told me that the applicant now wants prayer number three only and m/s Mukuha Counsel for the respondent was opposing, I find that the matter was properly and procedurally dismissed by the court in the presence of counsel on both sides when the Applicant was taking no steps to have the suit heard and determined. Thereafter the applicant seems to have accepted what happened only to have an afterthought when she saw all the consequences of failing to prosecute her suit. A case of 1982 where the plaintiff perhaps thought that all one needed to do was for one to file a suit and thereafter go and sleep for once one has engaged an advocate, nothing bad will happen against one.
It is all right to come up again using a different advocate but the faults you allege against your previous advocate ought to be commented upon by that advocate for this court to know where the truth is found to-day twenty four years after the suit was filed.
The Chamber Summons is hereby dismissed with costs to the Respondent.
Dated this 15th day of June, 2006.
J. M. KHAMONI
JUDGE