Augustine Kimantiria Nthiga v Baraza Limited t/a Kenya Television Network,Mohammed Ali & Dennis Onsarigo [2019] KEHC 1941 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CIVIL CASE NUMBER 561 OF 2011

AUGUSTINE KIMANTIRIA NTHIGA..........................................PLAINTIFF

VERSUS

BARAZA LIMITED T/A

KENYA  TELEVISION NETWORK....................................1ST DEFENDANT

MOHAMMED ALI.................................................................2ND DEFENDANT

DENNIS ONSARIGO..............................................................3RD DEFENDANT

RULING

The matter  herein was first listed for Notice to Show Cause why it should not be dismissed for want of prosecution on the 11th October, 2019 when  both counsels sought leave to file their respective affidavits in response to the Notice to Show Cause.

It was mentioned on the 31st October, 2019 by which time counsel for the plaintiff had already filed the affidavit but counsel for the defendants informed the court that he did not wish to file any.

The court has perused the affidavit as filed and has also gone through the record of the proceedings.  In the said affidavit sworn by one Josephine Kyalo, his advocate on record, the deponent avers that the plaintiff is still interested in pursuing the matter.  She avers that the defendants are to blame for the delay in that they only complied with the pre-trial directions on the 19th February, 2019 when they filed a witness statement and list of documents.

Counsel for the plaintiff depones that, now that the defendants have complied, she is ready to move the case forward.  He has urged the court not to dismiss the suit.

The court has considered the affidavit aforesaid and the contents thereof.  I note that the suit was last in court on the 6th day of May, 2014 when none of the parties appeared in court.  When the matter came up in court on the 18th February, 2014, counsel for the plaintiff asked for time to file additional witness statements but to date none has been filed.

On the part of the defendants, the list and bundle of documents were filed on the 19th February, 2019 but since then, the pre-trial directions have not been taken.

Though the plaintiff has blamed the defendants for their failure to comply with pre-trial directions, the court also notes that the plaintiff has not been active in pushing the matter forward.  However, in the interest of justice, the court will spare the suit and order that it be prosecuted within six months from the date of this ruling failing which, it shall stand dismissed.

Dated, signed and delivered at NAIROBI this 7th  day of November,  2019.

.........................

L. NJUGUNA

JUDGE

In the presence of:

.....................for the Plaintiff

............for the 1st Defendant

...........for the 2nd Defendant

...........For the 3rd Defendant