[2024] KEHC 12558 (KLR)
The court found that there had been no activity in the matter for over three years since the last ruling was delivered on 13th May, 2021. Neither the applicant nor the respondents, nor their respective counsel, attended the hearing or filed any response to the Notice to Show Cause. The absence of any action or...
Source-derived case information.
- Citation
- [2024] KEHC 12558 (KLR)
- Parties
- Applicant: Monica Waithera Thuo; Respondent: Daniel Thuo Ngugi; Respondent: Family Bank Limited; Respondent: Land Registrar, Thika; Respondent: The Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Commercial Case 7 of 2020
- Procedural Posture
- Commercial Case / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Case Backlog Management, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Monica Waithera Thuo
Applicant
Daniel Thuo Ngugi
Respondent
Family Bank Limited
Respondent
Land Registrar, Thika
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Commercial Case / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2(1) of the Civil Procedure Rules.
- 2 Whether the parties, particularly the applicant, have demonstrated any interest in prosecuting the suit.
Ratio Decidendi
The court found that there had been no activity in the matter for over three years since the last ruling was delivered on 13th May, 2021. Neither the applicant nor the respondents, nor their respective counsel, attended the hearing or filed any response to the Notice to Show Cause. The absence of any action or explanation indicated a lack of interest in prosecuting the suit. The court determined that the continued pendency of the matter was contributing to case backlog and, in the absence of any steps taken by the parties, it was appropriate to dismiss the suit for want of prosecution under Order 17 Rule 2(1) of the Civil Procedure Rules.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution under Order 17 Rule 2(1) of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
25 paragraphs
Thuo v Ngugi & 3 others (Commercial Case 7 of 2020) [2024] KEHC 12558 (KLR) (17 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12558 (KLR)
Republic of Kenya
In the High Court at Kiambu
Commercial Case 7 of 2020
DO Chepkwony, J
October 17, 2024
Between
Monica Waithera Thuo
Applicant
and
Daniel Thuo Ngugi
1st Respondent
Family Bank Limited
2nd Respondent
Land Registrar, Thika
3rd Respondent
The Hon. Attorney General
4th Respondent
Ruling
1. This matter is fosr mention for parties to show cause why the suit should not be withdrawn for want of prosecution, a Notice to Show Cause (NTSC) having been taken out in 24th July, 2023 and 9th July, 2024 respectively. Neither party and or their respective counsel are in attendance. They have even not filed any response to the Notice to Show Cause or sent representation with an explanation.
2. I have perused the record and established that there has been no activity I this matter since 13th May, 2021 when a ruling was delivered by Honourable Justice Meolli in respect of a Notice of Motion application dated 19th March, 2020 by the Applicant herein, which is a period of more than three (3) years.
3. In view of this, it is clear that the parties, and more so, the Applicant lost interest in the matter and the same is clogging this court’s system as backlog.
4. This Court thus proceeds to dismiss the suit for want of prosecution under Order 17 Rule 2(1) of the Civil Procedure Rules.It is so ordered.
RULING DATED AND SIGNED AT KIAMBU THIS 17TH DAY OF OCTOBER , 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance by and for either partyCourt Assistant - Sanja