SULMAC COMPANY LTD v GATHAMBA MUNGE [2011] KEHC 2555 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

CIVIL CASE NO.179 OF 2001

SULMAC COMPANY LTD..................................................................................................APPLICANT/DEFENDANT

VERSUS

GATHAMBA MUNGE..........................................................................................................RESPONDENT/PLAINTIFF

RULING

The plaint in this case was filed on 24th May, 2001 and the defence filed on 6th July, 2001. Four years later, on 24th March, 2005, the defendant/applicant brought the instant application praying that the suit be dismissed for want of prosecution. That application itself has taken 5½  years to be heard. However, it should be noted that this case was set down for hearing on 7th March., 2002. It is not clear what happened as there is no record for that day.

What is clear though is that the last attempt to hear the case was in March, 2002, some three years before this application was made and 8½  years today.

Despite service with both the application and hearing notice, the plaintiff/respondent has not replied or participated in the argument of the application. It is apparent that he has lost interest in his own claim. This case is therefore an unnecessary statistic of backlog. It is dismissed with costs to the defendant/applicant.

Dated, Delivered and Signed at Nakuru this 6th day of April, 2011.

W. OUKO

JUDGE