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1. Application dated 30th January 2025 seeking to dismiss the suit for want of prosecution has been considered together with the supporting affidavit of even date and the replying affidavit sworn in opposition to the same.
2. Order 17 rule 1 empowers the court to dismiss the suit in the event of inordinate delay and where the same is inexcusable and likely to cause prejudice.
3. In the present matter the delay has been approximately two years. The reason for the delay is based on a breakdown of communication between counsel and the client.
4. However, looking at the replying affidavit sworn on 10th July 2025, the Plaintiffs have since filed the following documents:
a. Cheque showing that costs previously outstanding have been paid;
b. Paginated trial bundle.
5. It is therefore clear that the matter is ready for hearing.
6. Therefore, despite the delay thus far, it is clear that at this point, the matter is ready for hearing. I do not think it would be appropriate to dismiss the matter. The matter shall proceed for hearing. However, the Applicant shall have the costs of the Application on the basis that it is the Plaintiffs actions that necessitated the filing of the Application.
7. The Plaintiff shall take all necessary steps to set the suit down for hearing within the next 60 days in the Chief Magistrates court.
8. Mention before the CM to take hearing date on 9th December 2025.
9. The file is transferred to the CM court noting that the subject matter of the dispute is valued at approximately Kshs 4,500,000/- The file is marked as closed in the High Court.
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1. Application dated 30th January 2025 seeking to dismiss the suit for want of prosecution has been considered together with the supporting affidavit of even date and the replying affidavit sworn in opposition to the same.
2. Order 17 rule 1 empowers the court to dismiss the suit in the event of inordinate delay and where the same is inexcusable and likely to cause prejudice.
3. In the present matter the delay has been approximately two years. The reason for the delay is based on a breakdown of communication between counsel and the client.
4. However, looking at the replying affidavit sworn on 10th July 2025, the Plaintiffs have since filed the following documents:
a. Cheque showing that costs previously outstanding have been paid;
b. Paginated trial bundle.
5. It is therefore clear that the matter is ready for hearing.
6. Therefore, despite the delay thus far, it is clear that at this point, the matter is ready for hearing. I do not think it would be appropriate to dismiss the matter. The matter shall proceed for hearing. However, the Applicant shall have the costs of the Application on the basis that it is the Plaintiffs actions that necessitated the filing of the Application.
7. The Plaintiff shall take all necessary steps to set the suit down for hearing within the next 60 days in the Chief Magistrates court.
8. Mention before the CM to take hearing date on 9th December 2025.
9. The file is transferred to the CM court noting that the subject matter of the dispute is valued at approximately Kshs 4,500,000/- The file is marked as closed in the High Court.
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