Charles Ndwiga Nguuri v Nation Media Group Limited [2017] KEHC 989 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

HIGH COURT CIVIL CASE NO. 175 OF 2010

CHARLES NDWIGA NGUURI ………………..PLAINTIFF

VERSUS

NATION MEDIA GROUP LIMITED ………..DEFENDANT

RULING

The plaintiff filed this suit against the defendant by a plaint dated 24th March, 2010 and filed on 26th March, 2010 claiming damages for ‘malicious and injurious falsehood’.  After service of summons the defendant entered appearance and filed a defence denying the plaintiff’s claim.

The record shows that parties herein have complied with Order 11 of the Civil Procedure Rules but for some reason the case has not been listed for hearing.  The last entry shows that this case was listed for hearing on 26th September, 2016 before Njuguna J but both parties  and  their advocates were absent.

The record further shows that the matter was called out at 9. 45 a.m and since both parties were absent, the Judge dismissed the case for non-attendance of the plaintiff and his advocate. I note that the advocate for the defendant was also not in court on that date.  Incidentally, the advocate for the defendant may not have been aware of that order because on 12th June, 2017 this application was filed seeking dismissal of the suit for want of prosecution.

The suit having been dismissed on 26th September, 2016 aforesaid, nothing remained to be addressed by way of such an application.  Even then, the record shows that that application was served  upon the advocates for the plaintiff on 20th June, 2017 but when it was called out for hearing on 26th July, 2017 counsel for the plaintiff was absent.

Having observed herein above that there is already a dismissal order by the court made on 26th September, 2016, the application by the defendant was not necessary.  That being the case, the suit remains dismissed as per the court order of 26th September, 2016 aforesaid and each party shall bear their own costs.  Orders accordingly.

Dated, signed and delivered at Nairobi this 7th   Day of December, 2017

A.MBOGHOLI MSAGHA

JUDGE