[2024] KEHC 4776 (KLR)
The court found that neither party nor their counsel attended the mention or filed any responses to the Notice to Show Cause. This lack of action indicated a loss of interest in prosecuting the matter. Consequently, the court exercised its discretion under Order 17 Rule 2 of the Civil Procedure Rules to dismiss the...
Source-derived case information.
- Citation
- [2024] KEHC 4776 (KLR)
- Parties
- Plaintiff: Samuel Waruithe; Respondent: Trustees, Kenya National Chamber of Commerce and Industry & 7 others (KNCCI)
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 8 of 2019
- Procedural Posture
- Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- DO Chepkwony
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Case Management, Order 17 Rule 2
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Samuel Waruithe
Plaintiff
Trustees, Kenya National Chamber of Commerce and Industry & 7 others (KNCCI)
Respondent
Procedural Posture
Civil Case / Ruling on Notice to Show Cause for Want of Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2 of the Civil Procedure Rules.
Ratio Decidendi
The court found that neither party nor their counsel attended the mention or filed any responses to the Notice to Show Cause. This lack of action indicated a loss of interest in prosecuting the matter. Consequently, the court exercised its discretion under Order 17 Rule 2 of the Civil Procedure Rules to dismiss the suit for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution as per Order 17 Rule 2 of the Civil Procedure Rules.
Full Case Text
Judgment text and source record
17 paragraphs
Waruithe v Trustees, Kenya National Chamber of Commerce and Industry & 7 others (KNCCI) (Civil Case 8 of 2019) [2024] KEHC 4776 (KLR) (29 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4776 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Case 8 of 2019
DO Chepkwony, J
April 29, 2024
Between
Samuel Waruithe
Plaintiff
and
Trustees, Kenya National Chamber of Commerce and Industry & 7 others (KNCCI)
Respondent
Ruling
1. This matter is for mention for parties show cause why the suit should not be dismissed for want of prosecution, a Notice to Show Cause having been issued on 22/1/2024. Neither party nor their respective counsel are in attendance. They have also not filed any responses or sent representation to explain their absence. Clearly, this is an indication that parties have lost interest in having the matter prosecuted.
2. In the circumstances, the suit is dismissed for want of prosecution as per the provision of Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.
RULING DELIVERED, DATED AND SIGNED AT KIAMBU THIS 29TH DAY OF APRIL, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for the AppellantNo appearance for the RespondentsCourt Assistant - Martin