Ngaywa Ngigi & Kibet Advocates v Invesco Assurance Company Ltd [2025] KEHC 1294 (KLR)

Ngaywa Ngigi & Kibet Advocates v Invesco Assurance Company Ltd (Miscellaneous Civil Application 218 of 2019) [2025] KEHC 1294 (KLR) (30 January 2025) (Ruling)

Neutral citation: [2025] KEHC 1294 (KLR)

Republic of Kenya

In the High Court at Kiambu

Miscellaneous Civil Application 218 of 2019

DO Chepkwony, J

January 30, 2025

Between

Ngaywa Ngigi & Kibet Advocates

Applicant

and

Invesco Assurance Company Ltd

Respondent

Ruling

1. This matter is for mention for parties to show cause why the suit should not be dismissed for want of prosecution; a Notice to Show Cause having been issued on 30th October, 2024, and served upon counsel for the parties herein.

2. Neither party nor their respective counsel have attended court as notified. There is no representation to explain their absence and or why the suit should not be dismissed for want of prosecution as indicated in the Notice to Show Cause.

3. On 30th October, 2024, the court noted that there had been no activity in the matter since 10th July, 2019, when a ruling on the bill of costs was delivered.

4. In view of this, it is clear that the parties and or their respective counsel have lost interest in having the suit prosecuted and because of this, this is one of the cases that have clogged the court system as backlog hence the need to unclog the same.

5. As result, this suit is dismissed for want of prosecution as per the provisions of Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 30TH DAY OF JANUARY, 2025. D.O CHEPKWONYJUDGEIn the Presence of:Martin – Court AssistantNo appearance for and by Either Party