[2008] KEHC 1073 (KLR)
The court found that the plaintiff had failed to take any steps to prosecute the suit since its last adjournment in November 2003, and had not opposed the defendant's application for dismissal. This inactivity demonstrated a lack of interest in pursuing the matter. Accordingly, the court exercised its discretion...
Source-derived case information.
- Citation
- [2008] KEHC 1073 (KLR)
- Parties
- Plaintiff: United Transport Agency; Defendant: Samuel Njugu Njihia
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 312 of 1998
- Procedural Posture
- Civil Suit / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- DK Maraga
- 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
United Transport Agency
Plaintiff
Samuel Njugu Njihia
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 16 Rule 5 of the Civil Procedure Rules.
Ratio Decidendi
The court found that the plaintiff had failed to take any steps to prosecute the suit since its last adjournment in November 2003, and had not opposed the defendant's application for dismissal. This inactivity demonstrated a lack of interest in pursuing the matter. Accordingly, the court exercised its discretion under Order 16 Rule 5 of the Civil Procedure Rules to dismiss the suit for want of prosecution and awarded costs to the defendant.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
- The defendant is awarded the costs of the application and the suit.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
CIVIL SUIT 312 OF 1998
UNITED TRANSPORT AGENCY…............................………..……..PLAINTIFF
VERSUS
SAMUEL NJUGU NJIHIA…………………...….DEFENDANT
RULING
Since 24th November 2003 when this suit was last adjourned the plaintiff has not taken any step to have it listed for hearing. By his application dated 6th December 2007 and brought under Order 16 Rule 5of the Civil Procedure Rules the defendant seeks its dismissal for want of prosecution.
Though served with the application the plaintiff has not been moved. It has not even belatedly attempted to fix the case for hearing or even oppose this application. That is a clear manifestation that the defendant has no further interest in this suit. In the circumstances I accede to the defendant’s plea and hereby dismiss this suit for want of prosecution. The defendant shall have the costs of both this application and those of the suit.
DATED and delivered at Nakuru this 16th day of October, 2008
D. K. MARAGA
JUDGE