Gatero Instruments Limited v Attorney General & 4 others [2022] KEHC 26878 (KLR)

Gatero Instruments Limited v Attorney General & 4 others (Commercial Petition 35 of 2018) [2022] KEHC 26878 (KLR) (Commercial and Tax) (5 July 2022) (Ruling)

Neutral citation: [2022] KEHC 26878 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Commercial and Tax

Commercial Petition 35 of 2018

DO Chepkwony, J

July 5, 2022

Between

Gatero Instruments Limited

Petitioner

and

The Honourable Attorney General

1st Respondent

The Principal Secretary, National Treasury

2nd Respondent

The Principal Secretary, Ministry of Education, Schience & Technology

3rd Respondent

Devotra BV

4th Respondent

Oret Netherlands

5th Respondent

Ruling

1. Vide a Notice of Motion application dated 10th September, 2021, the 5th Respondent sought leave to have the Petition dismissed for want of prosecution.

2. According to counsel for the 5th Respondent’s counsel, neither the Petitioner nor its counsel have attended court today or filed a response despite having been served with the said application and attended court on 19th May, 2022 when directions on its disposal were issue and this date fixed. There is no representation to explain their absence.

3. A perusal of the court record shows that the matter has been pending serviceupon the parties alleged to be in Netherlands since 12th April, 2018 when the pending application dated 12th April, 2018 was served.

4. In the circumstances, this Court finds that there is need to ease this Court of backlog since it is quite clear that the Petitioner appears to be laxed in having the same prosecuted.

5. This Court thus proceeds to dismiss the Petitioner’s Notice of Motion application both dated 12th April, 2018 for want of prosecution with costs to the 5th Respondent.

It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS …5TH…DAY OF …JULY..…, 2022. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for PetitionerNo appearance for and by either Respondents and or their respective counsel.M/S Waihenya counsel holding brief for M/S Odari counsel for 5th RespondentCourt Assistant - Sakina