[2015] KEHC 597 (KLR)
The court found that the plaintiff had not taken any steps to prosecute the suit since 3rd December 1997, and that the delay was both unreasonable and inexcusable. The plaintiff failed to respond to the application for dismissal despite being served and given an opportunity to do so. The court was satisfied that the...
Source-derived case information.
- Citation
- [2015] KEHC 597 (KLR)
- Parties
- Plaintiff: Zachary Omweri; Defendant: Kenya Commercial Bank Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 778 of 1994
- Procedural Posture
- Civil Suit / Ruling on Application for Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- JK Sergon
- Legal Topics
- Dismissal for Want of Prosecution, Delay in Prosecution, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zachary Omweri
Plaintiff
Kenya Commercial Bank 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 and inexcusable delay by the plaintiff.
Ratio Decidendi
The court found that the plaintiff had not taken any steps to prosecute the suit since 3rd December 1997, and that the delay was both unreasonable and inexcusable. The plaintiff failed to respond to the application for dismissal despite being served and given an opportunity to do so. The court was satisfied that the plaintiff had lost interest in the matter, and that the defendant's application for dismissal for want of prosecution was well founded. Accordingly, the court allowed the application and dismissed the suit for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The defendant's motion dated 2nd May 2014 is allowed as prayed.
- The suit is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL SUIT NO. 778 OF 1994
ZACHARY OMWERI............................................PLAINTIFF
VERSUS
KENYA COMMERCIAL BANK LIMITED.....RESPONDENT
RULING
1. Kenya Commercial Bank Ltd the defendant herein, took out the motion dated 2nd May 2014, in which it applied for the suit to be dismissed for want of prosecution. The motion was served but the same did not attract any response from the plaintiff hence this motion proceeded exparte. In fact the record shows that the plaintiff’s advocate had appeared before Hon. Mr. Justice Mbogholi on 16. 11. 2015 and promised to file a reply within 2 days. Come 19. 11. 2015, the learned advocate had not filed any response.
2. It is the defendants submission that the last time this suit was in court for hearing was on 3rd December 1997. On the aforesaid date the suit was stood over generally and the plaintiff has not taken any steps to have it listed for hearing. I have taken into account the averments in the supporting affidavit of Mr. Walter Amoko plus the grounds stated on the face of the motion.
3. The averments that the suit was last in court on 3rd December 1997 and that the plaintiff has not taken any step to have the same prosecuted has not been controverted. I have also examined the record and it supports the averments of Mr. Amoko. I am convinced that the plaintiff has lost interest in pursuing this case. The delay appears to be unreasonable and inexcusable.
4. In the end, the motion dated 2nd May 2014 is well founded. It is allowed as prayed.
Dated, Signed and Delivered in open court this 11th day of December, 2015.
J. K. SERGON
JUDGE
In the presence of:
………………………………………. for the Plaintiff
……………………………………….for the Defendant