JMS v KKO [2023] KEHC 24026 (KLR)

JMS v KKO (Civil Suit 8 of 2020) [2023] KEHC 24026 (KLR) (24 October 2023) (Ruling)

Neutral citation: [2023] KEHC 24026 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Suit 8 of 2020

RE Aburili, J

October 24, 2023

IN THE MATTER OF SECTION 17(1) OF THE MATRIMONIAL PROPERTY ACT 2013

Between

JMS

Plaintiff

and

KKO

Defendant

Ruling

1. It is now 13. 48 hours, parties are called out but they are absent.

2. This suit was filed in 2020 and despite the court moving itself to mention the matter and serving of notices to the parties, there is no appearance on the many occasions that the matter has previously been mentioned.

3. The Plaintiff has also not taken any steps to have the suit prosecuted.

4. Accordingly, as the parties were served on 29th September 2023 and there is no appearance, this suit is hereby dismissed for want of prosecution with no orders as to costs and the file is closed.

5. I so order.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 24THDAY OF OCTOBER, 2023R. E. ABURILIJUDGE