Macharia & another v Equity Bank Limited [2025] KEHC 1663 (KLR)

Macharia & another v Equity Bank Limited (Commercial Case E017 of 2022) [2025] KEHC 1663 (KLR) (27 January 2025) (Ruling)

Neutral citation: [2025] KEHC 1663 (KLR)

Republic of Kenya

In the High Court at Kiambu

Commercial Case E017 of 2022

DO Chepkwony, J

January 27, 2025

Between

Josphat Chege Macharia

1st Plaintiff

Joykisco Enterprises Limited

2nd Plaintiff

and

Equity Bank Limited

Defendant

Ruling

1. The matter is for mention for parties to show cause why the case should not be dismissed for want of prosecution following a Notice to Show Cause issued on 18th November, 2024.

2. There is no appearance by either party and or their respective counsel despite having been aware and or served with the said Notice to Show Cause.

3. I have perused the record and established that since 14th May, 2024, when the court issued directions on disposal of the Notice of Motion application dated 13th December, 2022, no substantive action has been taken or proceeded in this case.

4. Infact, the Applicant and or his counsel have failed to attend court onseveral occasions and on 24th June, 2024, Mr. Kimani counsel for the Plaintiffs/Applicants indicated that his clients may have settled the claim and sought for three (3) weeks to enable them file a Consent Order.

5. It is worth noting that since then, this Consent has not been filed and nothing substantive has taken place in the matter.

6. From this conduct, it is clear the Plaintiffs/Applicants have lost interest in this case. And for this reason, it is only prudent that the same be 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 VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 27TH DAY OF JANUARY, 2025. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partyCourt Assistant - Martin