In re Kentmere Investment Limited [2024] KEHC 13446 (KLR)

In re Kentmere Investment Limited (Winding Up Petition 10 of 2019) [2024] KEHC 13446 (KLR) (28 October 2024) (Ruling)

Neutral citation: [2024] KEHC 13446 (KLR)

Republic of Kenya

In the High Court at Kiambu

Winding Up Petition 10 of 2019

DO Chepkwony, J

October 28, 2024

IN THE MATTER OF: KENTMERE INVESTMENTD LIMITED AND IN THR MATTER OF: THE COMPANIES ACT, NO.17 OF 2005

Ruling

1. This matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution, a Notice to Show Cause having been taken out by the court on 23rd October, 2023, 8th February, 2024 and 24th September, 2024 respectively. There is no appearance by either party nor their respective counsel. There is even no representation to explain the absence.

2. I have perused the court record and established that there has been no activity on the record since the filing of the Petition on 26th March, 2019, which is a period of over seven (7) years, a clear indication that the Petitioner lost interest in having the suit prosecuted. This case has been clogging this court’s system as backlog and it is only prudent that the same be dismissed for want of prosecution pursuant to Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.

RULING DATED AND SIGNED AT KIAMBU THIS 28TH DAY OF OCTOBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partyCourt Assistant – Martin/Kinyua