Gaikia v Njuguna & another [2024] KEHC 7170 (KLR) | Dismissal For Want Of Prosecution | Esheria

Gaikia v Njuguna & another [2024] KEHC 7170 (KLR)

Full Case Text

Gaikia v Njuguna & another (Miscellaneous Application E114 of 2021) [2024] KEHC 7170 (KLR) (30 May 2024) (Ruling)

Neutral citation: [2024] KEHC 7170 (KLR)

Republic of Kenya

In the High Court at Kiambu

Miscellaneous Application E114 of 2021

DO Chepkwony, J

May 30, 2024

Between

James Njoroge Gaikia

Applicant

and

Peter Gatu Njuguna

1st Respondent

Samuel Njenga Kamau

2nd Respondent

Ruling

1. This matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution. There is no appearance by either party and or their respective counsel. There is no representation to explain their absence.

2. This has been the trend since 15th June, 2022 when the matter was fixed for mention on 14th July, 2022. It is clear that the parties have lost interest in having this case prosecuted; a result of which the suit is dismissed for want of prosecution as provided for under Order 17 Rule 2 of the Civil Procedure Rules.

It is so ordered.

RULING DATED AND SIGNED AT KIAMBU THIS 30TH DAY OF MAY, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partiesCourt Assistant - Martin