[2024] KEHC 6105 (KLR)
The court found that there had been no activity in the matter since October 2020, and despite the issuance of a Notice to Show Cause and cause-listing for mention, neither party nor their advocates attended court or provided any explanation for the delay. The court concluded that the parties had lost interest in...
Source-derived case information.
- Citation
- [2024] KEHC 6105 (KLR)
- Parties
- Plaintiff: Edward Kamau Wanjugu; Defendant: Tabitha Wanjiru Kariuki; Defendant: Amica Savings & Credit Co-operative Society Limited
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 15 of 2020
- Procedural Posture
- Civil Case / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- Suit dismissed for want of prosecution.
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Case Management, Order 17 Rule 2, Inactivity of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Edward Kamau Wanjugu
Plaintiff
Tabitha Wanjiru Kariuki
Defendant
Amica Savings & Credit Co-operative Society Limited
Defendant
Procedural Posture
Civil Case / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution due to prolonged inactivity by the parties.
Ratio Decidendi
The court found that there had been no activity in the matter since October 2020, and despite the issuance of a Notice to Show Cause and cause-listing for mention, neither party nor their advocates attended court or provided any explanation for the delay. The court concluded that the parties had lost interest in prosecuting the suit. Accordingly, pursuant to Order 17 Rule 2 of the Civil Procedure Rules, the suit was dismissed for want of prosecution.
Court Disposition
Suit dismissed for want of prosecution.
Orders
- The suit is hereby dismissed for want of prosecution as per Order 17 Rule 2 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
21 paragraphs
Wanjugu v Kariuki & another (Civil Case 15 of 2020) [2024] KEHC 6105 (KLR) (14 May 2024) (Ruling)
Neutral citation: [2024] KEHC 6105 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Case 15 of 2020
DO Chepkwony, J
May 14, 2024
Between
Edward Kamau Wanjugu
Plaintiff
and
Tabitha Wanjiru Kariuki
1st Defendant
Amica Savings & Credit Co-operative Society Limited
2nd Defendant
Ruling
1. This matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution, a Notice to Show Cause having been issued on 23rd October, 2023 and 2nd November, 2023 respectively. Neither party nor their respective have attended court despite the matter having been cause-listed for mention today.
2. I have perused the record and established that there has been no activity on the file since 14th October, 2020 when the court directed that the application dated 7th October, 2020 be fixed for hearing in the Registry. The same was fixed for hearing at the Registry on 14th October, 2020 for 18th February, 2021, on which day there was no appearance by either party. On 11th April, 2021, the matter was again fixed for mention on 23rd October, 2023 but no party attended court.
3. In view of this, it is clear that the parties have lost interest in having the suit prosecuted and there is no explanation for this.
4. In the upshot, the suit be and is hereby dismissed for want of prosecution as per the provision of Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.
RULING DATED AND SIGNED AT KIAMBU THIS 14THDAY OF MAY, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partiesCourt Assistant - Martin