PETER MUREMWA NGANGA v MARY NJERI NGANGA [2012] KEHC 4691 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

CIVIL DIVISION

CIVIL SUIT NO. 642 OF 2006

PETER MUREMWA NGANGA………………………..………...PLAINTIFF

VERSUS

MARY NJERI NGANGA…….…...…..….………………..……DEFENDANT

R U L I N G

1.  An application by the Defendant for dismissal of this suit for want of prosecution (notice of motion dated 26th April 2007) appears to have been withdrawn on 30th January 2007 to enable the parties to prepare the suit for hearing.

2.  For a considerable period of time thereafter the Plaintiff appears not to have done anything towards preparing the suit for hearing. The Defendant then filed notice of motion 9th January 2009 for an order of dismissal of suit for want of prosecution. That application is the subject of this ruling.

3.   The Plaintiff was duly served with the application. He never filed any response to the application, and the same is therefore unopposed.

4.   The Plaintiff appears to have lost interest in this suit. For over 5 years now he has not taken any steps towards hearing the suit. The same is hereby dismissed for want of prosecution with costs to the Defendant.    It is so ordered.

DATED AT NAIROBI THIS 10TH DAY OF MAY 2012.

H.P.G. WAWERU

JUDGE

DELIVERED AT NAIROBI THIS 11TH DAY OF MAY 2012.