[2018] KEHC 10244 (KLR)
The court found that the plaintiff had provided a reasonable explanation for the delay in prosecuting the suit, namely that the court file had been reported missing at the registry, which prevented further action. Consequently, the court was satisfied that sufficient cause had been shown to prevent dismissal for...
Source-derived case information.
- Citation
- [2018] KEHC 10244 (KLR)
- Parties
- Plaintiff: Vincent Gichomo t/a Kiche General Engineering Works; Defendant: Board of Governors Baba Dogo Secondary School
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 399 of 2019
- Procedural Posture
- Civil Suit / Ruling on Notice to Show Cause for Want of Prosecution and Transfer of Suit
- Outcome
- Suit not dismissed; transferred to Chief Magistrate's Court for disposal.
- Judges
- MM Kasango
- Legal Topics
- Dismissal for Want of Prosecution, Transfer of Suit, Jurisdiction of Courts
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Gichomo t/a Kiche General Engineering Works
Plaintiff
Board of Governors Baba Dogo Secondary School
Defendant
Procedural Posture
Civil Suit / Ruling on Notice to Show Cause for Want of Prosecution and Transfer of Suit
Legal Issues
- 1 Whether the plaintiff has shown sufficient cause why the suit should not be dismissed for want of prosecution.
- 2 Whether the High Court has jurisdiction to hear the matter or if it should be transferred to the Chief Magistrate's Court.
Ratio Decidendi
The court found that the plaintiff had provided a reasonable explanation for the delay in prosecuting the suit, namely that the court file had been reported missing at the registry, which prevented further action. Consequently, the court was satisfied that sufficient cause had been shown to prevent dismissal for want of prosecution. Additionally, the court determined that the monetary value of the claim placed the matter within the jurisdiction of the Chief Magistrate's Court. Therefore, the suit was ordered to be transferred to the Chief Magistrate's Court at Milimani for disposal.
Court Disposition
Suit not dismissed; transferred to Chief Magistrate's Court for disposal.
Orders
- The suit is not dismissed for want of prosecution.
- The matter is transferred to the Chief Magistrate's Court Milimani for disposal.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL & ADMIRALTY DIVISION
CIVIL SUIT NO. 399 OF 2013
VINCENT GICHOMO t/a
KICHE GENERAL ENGINEERING WORKS............................................PLAINTIFF
VERSUS
BOARD OF GOVERNORS BABA DOGO SECONDARY SCHOOL....DEFENDANT
RULING
1. This suit was filed by the applicant on 12th September 2013. The plaintiff’s claim is for Ksh 3,039,751. 40 being money owed by the defendant in respect of construction of two class rooms.
2. Since the last action in this matter was on 19th January 2016 the same was fixed for the plaintiff to show cause why this suit should not be dismissed for want of prosecution.
3. The plaintiff filed an affidavit setting out reason why the matter has not been prosecuted. Notably the plaintiff stated that the file had been reported as missing at the court registry and this had hampered prosecution of the case.
4. In view of what is stated the court finds that cause has been shown why this suit should not be dismissed.
5. The jurisdiction of this matter fall under the Chief Magistrate’s Court. I hereby transfer this matter to the Chief Magistrate’s Court Milimani for disposal.
6. It is so ordered.
DATED, SIGNED and DELIVERED at NAIROBI this29thday of November, 2018.
MARY KASANGO
JUDGE
Ruling read and delivered in open court in the presence of:
Court Assistant....................Sophie
........................................... for the Plaintiff
........................................... for the Defendant
MARY KASANGO
JUDGE