1. Ruling on Notice to Show Cause. This matter has been dormant since 2021, save for an application dated 31/7/2024 filed by the Defendant seeking dismissal of the suit for want of prosecution. The said application was slated for hearing on 16/10/2024 when there was no appearance for counsel for the Defendant/ Applicant and hence it was dismissed.
2. Subsequently the Court on its own motion fixed the matter for Notice to Show Cause why the suit should not be dismissed today. I have seen an email on record sent to the Advocates for both parties as service of the NTSC. The email was sent by the court registry as directed by court and the same is proper service under order 5 rule 22B of the Civil Procedure Rules and being satisfied as to service of the NTSC I directed the NTSC to proceed.
3. The Plaintiff’s Advocates are not present and have not filed an affidavit showing cause why the suit should not be dismissed.
4. On his part Mr. Momanyi for the Defendant stated that the matter was for a NTSC and he had been served via email, he urged the Court to dismiss the suit for want of prosecution, with cost.
5. There being no affidavit filed to show cause why the suit should not be dismissed and the being satisfied as to service of the Notice to Show Cause and noting the previous attempt by the Defendant to have the suit dismissed for want of prosecution when he filed an application to dismiss the suit which application elicited no response from the plaintiff it follows that the plaintiff has lost interest in this suit , thus the suit stands dismissed for want of prosecution, with costs to the Defendant.
Ruling, Delivered and Dated at Kapsabet this 13th day of November, 2024.
In the presence of;
1. Mr. Momanyi for the Defendant
2. No appearance for the Plaintiff
2. Subsequently the Court on its own motion fixed the matter for Notice to Show Cause why the suit should not be dismissed today. I have seen an email on record sent to the Advocates for both parties as service of the NTSC. The email was sent by the court registry as directed by court and the same is proper service under order 5 rule 22B of the Civil Procedure Rules and being satisfied as to service of the NTSC I directed the NTSC to proceed.
3. The Plaintiff’s Advocates are not present and have not filed an affidavit showing cause why the suit should not be dismissed.
4. On his part Mr. Momanyi for the Defendant stated that the matter was for a NTSC and he had been served via email, he urged the Court to dismiss the suit for want of prosecution, with cost.
5. There being no affidavit filed to show cause why the suit should not be dismissed and the being satisfied as to service of the Notice to Show Cause and noting the previous attempt by the Defendant to have the suit dismissed for want of prosecution when he filed an application to dismiss the suit which application elicited no response from the plaintiff it follows that the plaintiff has lost interest in this suit , thus the suit stands dismissed for want of prosecution, with costs to the Defendant.
Ruling, Delivered and Dated at Kapsabet this 13th day of November, 2024.
In the presence of;
1. Mr. Momanyi for the Defendant
2. No appearance for the Plaintiff