DAVID MUREITHI v NATION NEWSPAPERS LIMITED [2010] KEHC 2285 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT ELDORET

Civil Case 126 of 1998

DAVID MUREITHI ..........................................................................PLAINTIFF

=VERSUS=

NATION NEWSPAPERS LIMITED........................................DEFENDANT

Ruling

Application to dismiss suit for want of prosecution dated 28th January 2010

I.Background

1. The Plaintiff herein sued the Nation News Papers for Defamation on the 9th January 1998. For over three years no action by the Plaintiff had been taken. The Defendants wrote to the Court requesting that the suit be struck out. The Plaintiff changed Advocates from

D.M. Amayamu and Co. Advocates to M/s Mutkaha Obwatinya & Co. Advocates.

2. Another lapse of 2 years 8 months passed. The Defendant had in the meantime applied that part of the Plaint be struck out as having been pleaded outside the limitation of action of 1 (one) year permitted by law to bring a claim. This Preliminary Objection was upheld and on 22nd May 2006, Ibrahim J. struck out paragraph 4,5,6,7,8 and 14. it was thereafter that the present application was filed seeking that the whole Plaint be struck out because the said Plaintiff had taken no action.

II.In Reply

3. The Plaintiff/Respondent replied through his Advocate that he was ill in the 1998/1999 and therefore couldn’t instruct his advocate. He then changed advocates but  unfortunately in 2007, the political temperatures arose. He prays the application be not granted.

II.Opinion

4. In Defamation cases, 1 years only is permitted in which

to bring a claim. Ibraim J. has expunged the claims

duly given by the Plaintiffs and filed out of time.

5.         The Plaintiff has taken no action in this matter. The

Plaint was drawn by the first Advocate. The second advocate who took over required to then amend the Plaint to file particulars of defamation . This was not done according to law.

6.       The issue before me is the inordinate  delay in dealing

with this matte since 1998. This Court would agree

that after one year of no action by the Plaintiff the

Respondent is permitted under order XVI Civil

Procedure Rules to bring an application to have the

matter dismissed.

7. I accordingly do so and order the application be

allowed. This suit is dismissed with costs to the

Applicant.

DATED THIS25THDAY OFMAY2010 AT ELDORET.

M.A. ANG’AWA,

JUDGE.

Advocates:

(i)          J.A. Okore Advocate instructed by the firm of M/sKagucia & Co. Advocate for the

Defendant/applicant - Present

(ii)         C.O. Obwatinya Advocate instructed by the firm of Mutakha Obwatinya & Co.

Advocate  for the Plaintiff/Respondent – Absent.