[2024] KEHC 12114 (KLR)
The court found that the hearing date was fixed in the presence of the plaintiff's counsel, and all parties were aware of the scheduled date. Despite the court's indulgence in allowing additional time for parties to log in, there was still no appearance by any party or their counsel. The court concluded that this...
Source-derived case information.
- Citation
- [2024] KEHC 12114 (KLR)
- Parties
- Plaintiff: Deng Xiaolong; Defendant: Smarthomes Investment Company Ltd; Defendant: Wu Hongjing; Defendant: Qu Jingjing
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Commercial Case E137 of 2024
- Procedural Posture
- Commercial Case / Ruling on Non Attendance
- Outcome
- Suit dismissed for non-attendance.
- Judges
- RC Rutto
- Legal Topics
- Dismissal for Non Attendance, Order 17 Civil Procedure Code, Hearing Dates, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Deng Xiaolong
Plaintiff
Smarthomes Investment Company Ltd
Defendant
Wu Hongjing
Defendant
Qu Jingjing
Defendant
Procedural Posture
Commercial Case / Ruling on Non Attendance
Legal Issues
- 1 Whether the suit should be dismissed for non-attendance by the parties or their counsel on the scheduled hearing date.
Ratio Decidendi
The court found that the hearing date was fixed in the presence of the plaintiff's counsel, and all parties were aware of the scheduled date. Despite the court's indulgence in allowing additional time for parties to log in, there was still no appearance by any party or their counsel. The court concluded that this demonstrated a lack of readiness to proceed and, pursuant to Order 17 of the Civil Procedure Code, dismissed the suit for non-attendance.
Court Disposition
Suit dismissed for non-attendance.
Orders
- The suit is dismissed for non-attendance pursuant to Order 17 of the Civil Procedure Code.
Full Case Text
Judgment text and source record
23 paragraphs
Xiaolong v Smarthomes Investment Company Ltd & 2 others (Commercial Case E137 of 2024) [2024] KEHC 12114 (KLR) (Commercial & Admiralty) (3 October 2024) (Ruling)
Neutral citation: [2024] KEHC 12114 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Commercial and Admiralty
Commercial Case E137 of 2024
RC Rutto, J
October 3, 2024
Between
Deng Xiaolong
Plaintiff
and
Smarthomes Investment Company Ltd
1st Defendant
Wu Hongjing
2nd Defendant
Qu Jingjing
3rd Defendant
Ruling
1. The hearing date was fixed in court on the 14/8/2024 in the presence of m/s Wangui – counsel for the plaintiff. On this day the court also directed that the matter be heard during the RRI period.
2. Therefore, it cannot be said that counsel and/or parties were not aware of today’s hearing date. I also take note that I have indulged the parties, in that when I called out the matter at 9. 00am, I placed it aside to allow time for the parties to log into court. Later at 10. 00am, they had still not log in.
3. This action demonstrates that they are not ready to proceed with their matter and consequently in line with Order 17 of the Civil Procedure Code, I do proceed to dismiss this suit for non-attendance.Orders accordingly.
RHODA RUTTOJUDGEDELIVERED, DATED AND SIGNED ON 3RD THIS DAY OF OCTOBER 2024 AT NAIROBI