Alvan Njeru Mugo v A L;Bernard Gutu , Francis Karanja Njoroge,oseph Wambua & Shaikh Enterprises Ltd [2016] KEHC 4621 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CIVIL CASE NO.  254 OF 2010

ALVAN NJERU MUGO ….……………….……PLAINTIFF/RESPONDENT

VERSUS

A L;BERNARD GUTU ……….…….……..1ST DEFENDANT/APPLICANT

FRANCIS KARANJA NJOROGE ……….2ND DEFENDANT/APPLICANT

JOSEPH WAMBUA………….……….….3RD DEFENDANT /APPLICANT

SHAIKH ENTERPRISES LTD………….….4TH DEFENDANT/APPLICANT

RULING

This suit was instituted before this court on 13th May 2010 pleadings closed in 2012 after the defendant filed amended defence.  Since then, the plaintiff has never taken any steps to have the suit heard and determined.  No pre-trial   directions have been given and there is no attempt for over 3 years now to have the suit made ready for prosecution.  No reasons are given for the delay.  In the premise, I find that   there is unexplained long delay contrary to the overriding objectives of the law under Section 1A and 1B of the Civil Procedure Act and Article 159 of the Constitution which commands that justice shall not be delayed.

Accordingly, I hereby allow the application dated  12th January 2016  and dismiss this suit for want of  prosecution under Order  17 Rule 2(3)  of the Civil procedure  Rules and award costs of  the application  and the suit to the defendant/applicants.

Dated, signed and delivered in open court this 25th day of April 2016.

R.E. ABURILI

JUDGE