The applicant is seeking to set aside the dismissal orders issued on 27/10/2022.
The issue for determination is whether the applicant is serious and desirous of litigating this suit.
From the proceeding, the plaintiff filed this suit in the year 2016 at the Kisii Law Court.
However, no action was ever taken between the year 2016 to 2019 when the same was transferred to Narok ELC.
This was a period of about 3 years without any action taken by the plaintiff at Kisii Law Courts.
In the year 2019, the file was transferred to Narok ELC and between 2019 to 2021, the file was again inactive at Narok ELC for a period of another 3 years.
Subsequently, the file was transferred to Kilgoris ELC on the 1/12/2021 and thereafter, no action was taken by plaintiff until 27/10/2022 when it was dismissed.
Parties that file cased in court have a duty to ensure that their cases are heard expeditiously and concluded in the shortest time possible.
This court is not satisfied with the reason that due to the transfer of the file from Kisii to Narok to Kilgoris is sufficient reason for the plaintiff not to prosecute this file.
The transfer of the file was ensure expeditious hearing and make the proceeding for the parties by being at the nearest court.
It was still the duty of the advocate and plaintiff to ensure that the fuel is prepared for hearing and determination.
So far, in the proceeding, there is no instance that the plaintiff ever either fixed this matter for hearing or even undertook steps to have it heard.
In the circumstances, the application dated 21/2/2024 is not merited and the same is dismissed with costs.