Kariuki v Kariuki & 9 others [2024] KEHC 4777 (KLR)

Kariuki v Kariuki & 9 others (Miscellaneous Civil Case 53 of 2018) [2024] KEHC 4777 (KLR) (2 May 2024) (Ruling)

Neutral citation: [2024] KEHC 4777 (KLR)

Republic of Kenya

In the High Court at Kiambu

Miscellaneous Civil Case 53 of 2018

DO Chepkwony, J

May 2, 2024

Between

James Njoroge Kariuki

Applicant

and

Job Waweru Kariuki & 9 others

Respondent

Ruling

1. This matter is for mention for parties to Show Cause why the suit should not be dismissed for want of prosecution, the Notice to Show Cause having been issued on 25/1/2024 and served upon the counsel for the parties on 29/1/2024. Neither party nor their respective counsel are in attendance. There is no representation to explain their absence and neither is there any response filed by either party.

2. I have perused the court record and established that the last time the parties herein attended court was on 15/11/2021 when the matter was fixed for further mention on 2/2/2022 in the presence of counsel for the Applicants who requested for the said mention date after confirming that parties had signed the transfer documents.

3. In the circumstances, the suit is dismissed for want of prosecution as per the provision of Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.

RULING DELIVERED, DATED AND SIGNED AT KIAMBU THIS 2nd DAY OF MAY, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either paryCourt Assistant - Martin