[2018] KEHC 10245 (KLR)
The court found that the plaintiffs had failed to take any steps to prosecute the suit since 31st May 2017, despite being served for subsequent court dates. The absence of the plaintiffs and their advocates demonstrated a lack of interest in pursuing the matter. The court concluded that there was no justification to...
Source-derived case information.
- Citation
- [2018] KEHC 10245 (KLR)
- Parties
- Plaintiff: Victor Makau Wambua; Plaintiff: Zaccheus Mwalyo Bernard; Defendant: Equity Bank Limited; Defendant: Lazarus Kinyumu t/a Spectrum Auctioneers Ltd; Defendant: Purple Royal Auctioneers; Defendant: Credit Reference Bureau Africa Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 150 of 2017
- Procedural Posture
- Civil Suit / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- Suit dismissed for want of prosecution with costs to the 1st, 2nd, 3rd, and 5th defendants. File ordered closed.
- Judges
- MM Kasango
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Makau Wambua
Plaintiff
Zaccheus Mwalyo Bernard
Plaintiff
Equity Bank Limited
Defendant
Lazarus Kinyumu t/a Spectrum Auctioneers Ltd
Defendant
Purple Royal Auctioneers
Defendant
Credit Reference Bureau Africa Ltd
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.
- 2 Whether costs should be awarded to the defendants.
Ratio Decidendi
The court found that the plaintiffs had failed to take any steps to prosecute the suit since 31st May 2017, despite being served for subsequent court dates. The absence of the plaintiffs and their advocates demonstrated a lack of interest in pursuing the matter. The court concluded that there was no justification to keep the suit on record and that the defendants were entitled to dismissal of the suit for want of prosecution, together with costs.
Court Disposition
Suit dismissed for want of prosecution with costs to the 1st, 2nd, 3rd, and 5th defendants. File ordered closed.
Orders
- The suit is dismissed against all defendants for want of prosecution.
- Costs of the suit and of the notice of motion dated 25th June 2018 are awarded to the 1st, 2nd, 3rd, and 5th defendants.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL & ADMIRALTY DIVISION
CIVIL SUIT NO. 150 OF 2017
VICTOR MAKAU WAMBUA..................................................1ST PLAINTIFF/RESPONDENT
ZACCHEUS MWALYO BERNARD......................................2ND PLAINTIFF/RESPONDENT
-VERSUS-
EQUITY BANK LIMITED...............................................................................1ST DEFENDANT
LAZARUS KINYUMU T/A SPECTRUM AUCTIONEERS LTD...............2ND DEFENDANT
PURPLE ROYAL AUCTIONEERS................................................................3RD DEFENDANT
CREDIT REFERENCE BUREAU AFRICA LTD.........................................4TH DEFENDANT
RULING
1. It would seem that the plaintiff has lost interest in this matter. The last time the plaintiff was represented in court was on 31st May 2017. Since then the matter appeared before court on 31st July and 16th October 2017 and although the plaintiff was served for both these two dates there was no appearance on behalf of the plaintiff.
2. The application before court is a notice of motion dated 25th June 2018 filed by 1st, 2nd, 3rd and 5th defendants. It was heard before on 2nd October 2018. The plaintiff although served did not attend court. The application seeks dismissal of the suit for want of prosecution.
3. As stated before the evidence is clear, the plaintiff has lost interest in this matter and there is no reason to maintain this matter on record.
4. Accordingly, this suit is hereby dismissed against all defendants for want of prosecution with costs of the suit and of the notice of motion dated 25th June 2018 being awarded to 1st, 2nd, 3rd and 5th defendants. I order this file to be closed.
DATED, SIGNED and DELIVERED at NAIROBI this 29th day of November, 2018.
M. KASANGO
JUDGE
Ruling read and delivered in open court in the presence of:
Court Assistant....................Sophie
........................................... for the Plaintiffs
........................................... for the Defendants
MARY KASANGO
JUDGE