1) When this matter was called out for hearing, neither party was present in court. The matter was placed aside and called out again later, but there was still no attendance or response from either party.
2) The record shows that the matter was duly fixed for hearing. The court has perused the affidavit/proof of service on record and is satisfied that the parties were duly served with a hearing notice on 02/02/2026 through email service effected on the same date.
3) Despite such service, neither party attended court and no explanation has been offered for the non-attendance. The court further notes that this is the second occasion on which the parties have failed to attend court.
4) The court also notes that on 20/05/2025, the parties informed the court that they had reached a consent. However, no consent was subsequently filed for adoption and no steps have since been taken to progress the matter.
5) The repeated failure by the parties to attend court and the lack of any subsequent action in the matter demonstrate a lack of interest in prosecuting the suit and are inconsistent with the overriding objective under Sections 1A and 1B of the Civil Procedure Act.
6) In the circumstances, the court is satisfied that the suit is liable to dismissal.
7) Accordingly, pursuant to Order 12 Rule 1 of the Civil Procedure Rules, 2010, the suit is hereby dismissed for non-attendance.
8) Each party to bear its own costs.
9) File marked as closed.
Orders accordingly.
Delivered and Dated at Machakos this 9th day of June, 2026.
HON. J.N. KUYIONI
JUDGE
09.06.2026
Ruling delivered virtually through Microsoft Teams Video Conferencing Platform
In the presence of;
Miriam Court Assistant
No Appearance for the Parties.
| ELCLC E058/20233 |