Ndungi v Leshego Kenya Limited [2024] KEHC 13718 (KLR) | Dismissal For Want Of Prosecution | Esheria

Ndungi v Leshego Kenya Limited [2024] KEHC 13718 (KLR)

Full Case Text

Ndungi v Leshego Kenya Limited (Commercial Case 14 of 2023) [2024] KEHC 13718 (KLR) (4 November 2024) (Ruling)

Neutral citation: [2024] KEHC 13718 (KLR)

Republic of Kenya

In the High Court at Kiambu

Commercial Case 14 of 2023

DO Chepkwony, J

November 4, 2024

Between

Philip Munyinyi Ndungi

Plaintiff

and

Leshego Kenya Limited

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 2nd October, 2024. Neither party nor their respective counsel are in attendance. They have not even sent representatives to explain their absence.

2. As pointed out on 2nd October, 2024 and the reason for the issuance of the Notice to Show Cause, there has been no activity on the matter since 18th July, 2023.

3. There is therefore need to unclog the court’s system of backlog and this court proceeds to dismiss the suit for want of prosecution as provided for under Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 4TH DAY OF NOVEMBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:-No appearance for and by either partyCourt Assistant - Martin