Wanjugu v Kariuki & another [2024] KEHC 6105 (KLR)

Wanjugu v Kariuki & another (Civil Case 15 of 2020) [2024] KEHC 6105 (KLR) (14 May 2024) (Ruling)

Neutral citation: [2024] KEHC 6105 (KLR)

Republic of Kenya

In the High Court at Kiambu

Civil Case 15 of 2020

DO Chepkwony, J

May 14, 2024

Between

Edward Kamau Wanjugu

Plaintiff

and

Tabitha Wanjiru Kariuki

1st Defendant

Amica Savings & Credit Co-operative Society Limited

2nd Defendant

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 23rd October, 2023 and 2nd November, 2023 respectively. Neither party nor their respective have attended court despite the matter having been cause-listed for mention today.

2. I have perused the record and established that there has been no activity on the file since 14th October, 2020 when the court directed that the application dated 7th October, 2020 be fixed for hearing in the Registry. The same was fixed for hearing at the Registry on 14th October, 2020 for 18th February, 2021, on which day there was no appearance by either party. On 11th April, 2021, the matter was again fixed for mention on 23rd October, 2023 but no party attended court.

3. In view of this, it is clear that the parties have lost interest in having the suit prosecuted and there is no explanation for this.

4. In the upshot, the suit be and is hereby dismissed for want of prosecution as per the provision of Order 17 Rule 2 of the Civil Procedure Rules.It is so ordered.

RULING DATED AND SIGNED AT KIAMBU THIS 14THDAY OF MAY, 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by either partiesCourt Assistant - Martin