Nyasani v Maina & another [2024] KEHC 12540 (KLR)

Nyasani v Maina & another (Judicial Review 1 of 2019) [2024] KEHC 12540 (KLR) (17 October 2024) (Ruling)

Neutral citation: [2024] KEHC 12540 (KLR)

Republic of Kenya

In the High Court at Kiambu

Judicial Review 1 of 2019

DO Chepkwony, J

October 17, 2024

Between

Evanson Nyamoronge Nyasani

Applicant

and

Fredrick Kariuki Maina

1st Respondent

The Chief Magistrate Court at Thika

2nd 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 (NTSC) having issued upon the parties on 30th October, 2023, 22nd February, 2024, and 9th July, 2024 respectively. Neither party and nor their counsel are in attendance. They have not even filed a response to the said Notice or sent representation to explain their absence.

2. I have perused the record and established that the last time parties attended court for any action was on 18th October, 2021, which is a period of three (3) years. This is a clear indication that the parties lost interest in having the matter prosecuted.

3. In the circumstances, this Court finds it prudent to unclog the court’s system with such unnecessary backlog and proceeds to order the suit dismissed for want of prosecution as provided for under Order 17 Rule 2(1) of the Civil Procedure Rules.It is so ordered.

RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 17TH DAY OF OCTOBER, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partyCourt Assistant - Sanja