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…So the prayers which were left were, firstly that the suit be struck out for being an abuse of the process of the court and for want of prosecution. An application under O.…

…In the above circumstances it is my view that the application for the dismissal of this suit for want of prosecution under O. XVI rule 5 is premature.…

…The defendant seeks an order for the dismissal of the suit for want of prosecution.…

…The third defendant has sufficiently proved that the action as against him ought to be dismissed for want of prosecution.…

…The prosecution case was dependent on the evidence of PW1.…

…In the result, I am persuaded that the prosecution has proved its case beyond reasonable doubt that the accused beat the deceased for 20 minutes.…

…On 9th March, 2011, the respondent in the appeal brought the present application for orders that the appeal be dismissed for want of prosecution for the reason that ten months (at the time of filing of this application) had…

…It is further submitted that dismissal for want of prosecution is not available since directions have not been taken.…

…did not include a certified copy of the decree in the record of appeal; that the omission to include the order (sic) decree was a mistake on the part of his then advocate; and that as the applicant had fully entrusted the prosecution…

….…….4TH DEFENDANT RULING The first and second defendants have pending before court a Notice of Motion dated 27th July 2006 seeking the dismissal of this suit for want of prosecution.…

…The respondent should not be penalized for the appellant’s tardiness when it had in fact applied to dismiss the suit for want of prosecution at one stage.…

…evidence but that apparently the judge did not take into account the effect of the words “account closed’ which appeared on all the cheques which words were defamatory of the appellant and would have subjected him to criminal prosecution…

…The Shorter Oxford English Dictionary (Vol II) offers several definitions of ‘suit’, one of which is: “pursuit, prosecution, legal process.”…

…“for want of prosecution”.…

…The result of the decision of the village elders in 1947 and that of the Lurambi Court and Ayub’s successful prosecution in 1958 for trespassing on the 1st respondent’s land was that as between Ayub and the 1st respondent…

…It is possible that, since an assault was express mention of criminal responsibility in the pleadings, that the learned judge thought the case should be treated in the same way as a criminal prosecution.…

…This Court has, in several cases dealing with customary law in criminal cases, decided that where the prosecution relies on a local custom then that local custom must be proved by witnesses called by the prosecution, and…