[2009] KEHC 1468 (KLR)
The court found that the plaintiff had failed to take any steps to prosecute the suit for over eight years since its filing. The absence of communication from the plaintiff to his advocate and the lack of any action demonstrated a clear loss of interest in the matter. The delay was deemed inordinate and...
Source-derived case information.
- Citation
- [2009] KEHC 1468 (KLR)
- Parties
- Plaintiff: Victor Oduor Odhiambo; Defendant: Akamba Public Road Services Limited; Defendant: Coast Broadways & Co. Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 476 of 2001
- Procedural Posture
- Civil Suit / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- JV Juma
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Inordinate Delay, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Victor Oduor Odhiambo
Plaintiff
Akamba Public Road Services Limited
Defendant
Coast Broadways & Co. Limited
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 due to inordinate delay by the plaintiff.
- 2 Whether the plaintiff has demonstrated any valid reason for the delay in prosecuting the suit.
Ratio Decidendi
The court found that the plaintiff had failed to take any steps to prosecute the suit for over eight years since its filing. The absence of communication from the plaintiff to his advocate and the lack of any action demonstrated a clear loss of interest in the matter. The delay was deemed inordinate and unjustifiable. The court exercised its discretion to dismiss the suit for want of prosecution, finding no valid reason to sustain the claim any further.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
- No order as to costs.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL SUIT 476 OF 2001
VICTOR ODUOR ODHIAMBO ............................................ PLAINTIFF
VERSUS
AKAMBA PUBLIC ROAD SERVICES LIMITED...1ST DEFENDANT
COAST BROADWAYS & CO. LIMITED.....2ND DEFENDANT
************************
RULING
Before me is the Notice of Motion dated 7th April 2009 seeking inter alia prayers -
“1. That this suit be dismissed for want of prosecution”
Ms. Odhiambo for the 1st Defendant/Applicant in her oral submissions before court argues that the Plaintiffs filed their suit more than seven years ago. A look at the court record indicates that the Plaint was filed in court on 25th September 2001. The first defendant as well as the second defendant were duly served with the plaint and summonses and both filed their defences to the plaint on 17th October 2001 and 16th October 2001 respectively. No further action has been taken by the Plaintiff in pursuance of their suit to date. It is now October 2009 a clear eight years since the plaint was filed. No steps have been taken at all to prosecute the suit. Ms. Ogola for the Plaintiff/Respondent tells the court that they have received no instructions at all from their client. Indeed she had indicated a desire to withdraw from acting. The fact that the Plaintiff has not bothered to communicate with his lawyer for eight years is manifest evidence that he has lost all interest in this case. This delay in my view is inordinate. I find no valid or logical interest to sustain this suit. As such I do allow this present application and I hereby dismiss this suit for want of prosecution. No order as to costs.
Dated and Delivered at Mombasa this 12th day of October 2009.
M. ODERO
JUDGE
Read in open court in the presence of:-
Ms. Ogola for Plaintiff
Mr. Omollo holding brief for Mr. Abud for 1st Defendant/Applicant
M. ODERO
JUDGE
12/10/2009