Kuria v Regent Auctioneers & 3 others [2024] KEHC 15063 (KLR) | Dismissal For Want Of Prosecution | Esheria

Kuria v Regent Auctioneers & 3 others [2024] KEHC 15063 (KLR)

Full Case Text

Kuria v Regent Auctioneers & 3 others (Civil Case E5 of 2020) [2024] KEHC 15063 (KLR) (26 November 2024) (Ruling)

Neutral citation: [2024] KEHC 15063 (KLR)

Republic of Kenya

In the High Court at Kiambu

Civil Case E5 of 2020

DO Chepkwony, J

November 26, 2024

Between

Jeniffer Njeri Kuria

Plaintiff

and

Regent Auctioneers

1st Respondent

Techspa General Supplies Limited

2nd Respondent

William Kuria Josiah

3rd Respondent

Bank Of Africa (Kenya) Limited

4th Respondent

Ruling

1. The matter is scheduled for mention for parties to show cause why the suit should not be dismissed for want of prosecution. Neither party nor their counsel have attended court. They have not even sent representation to explain their absence.

2. The Notice to Show Cause issued after the court noted that there had been no activity on the file since 18th December, 2020. And with the lack of response and absence of the parties herein despite having been served with the said Notice to Show Cause, it is clear indication that the parties have lost interest in having this suit prosecuted.

3. In the circumstances, it is only prudent that the court system be unclogged of backlog. Therefore, this suit is dismissed for want of prosecution pursuant to Order 17 Rule (2) of the Civil Procedure Rules.

It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 26TH DAY OF …NOVEMBER , 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and either partyCourt Assistant - Martin