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…There is no provision for revival of dismissal, except by the plaintiff filing a fresh action. Yet, any dismissal under rule 4, is a bar to a fresh suit.…

…The position is that the dismissal cannot be set aside.”…

…It is on record that the appeal was listed for dismissal of the appeal on 29th November, 2022, on which day the parties did not appear before the court.…

…THAT this Honourable Court be pleased to set aside or vary (the) orders of dismissal of the appeal issued on 25th April, 2023 and the appeal be reinstated for hearing. 2. THAT costs be in the cause. 7.…

…It is therefore evident that Order 42 Rule 35 envisages two situations for the dismissal of an Appeal for want of prosecution.…

…On paper therefore, directions ought to have been given before an Appeal can be liable for dismissal for want of prosecution. 13.…

…For this reason of dormancy or inaction, the Court, suo motu, fixed the Appeal for dismissal under the provisions of Order 42 Rule 35(2) of the Civil Procedure Rules.…

…He deponed further that before the Court listed this appeal for dismissal, he had already instructed his Advocates to file an application for dismissal of the appeal for want of prosecution, which his Advocate did on 21/03…

…The law concerning dismissal of an appeal for want of prosecution is contained in Order 42 Rule 35 (1) & (2) which provides as follows: - 1.…

…In the case of Ivita – Versus - Kyumbu [1984] KLR 441 the Court laid down principles for issuance of an order of dismissal of suit for want of prosecution.…

…To set aside an order for dismissal, the applicant must jump two hurdles. The first is to make the application within 30 days from the date of the order of dismissal. The applicant has successfully jumped that hurdle.…

…aside the order of dismissal should be granted.” 9.…

…Seven years later, the appellant moved the trial court vide a Motion dated 9/7/2024 seeking to reinstate his dismissed suit averring that he was never served with any Notice for Dismissal.…

…Indeed, the dismissal order issued herein is equivalent to a judgment as it determined the suit by way of dismissal. 15.…

…He averred that the Appellant is misleading the Court as he was all along aware of the dismissal of the appeal.…

…The Appellant has stated that he became aware of the dismissal of the appeal on 27.6.25 from the Judiciary Public Information e-Kiosk.…

…Dismissal of suits for want of prosecution turns largely on the delay in getting the suit prosecuted.…

…No action had been taken on the matter, until the trial court listed it for dismissal in 2023.…

…The appeal emanates from the trial court’s dismissal of the appellant’s Notice of Motion dated 23rd November 2023, which sought to set aside the dismissal order issued on 15th August 2023 under Order 12 Rule 7 of the Civil…

…The plaintiff contended that the dismissal would prejudice him and that the defendants would suffer no prejudice if the suit were reinstated.…

…his Advocate had been served with a notice to show cause prior to the dismissal of 10th March 2021.…

…Even where the propriety of an initial dismissal is in genuine doubt, a Court considering reinstatement is entitled, indeed obliged, to have regard to the conduct of the litigant both before and after the dismissal, including…

…The issue for determination is whether the appeal is liable to dismissal for want of prosecution. 4.…

…The Respondents seek dismissal of the appeal under Order 42 Rule 35.…

…The reasons given for such dismissal were that the appellant was rude to customers, was guilty of insubordination and had once (on 29th June, 1991) used abusive language to the manager under whom he worked.…

…The reasons for dismissal were eventually not in issue as the learned judge in the superior court (Rimita J.) correctly held that the appellant (despite such alleged wrongful dismissal) was paid his full terminal dues, that…

…or not it was known to the employer at the time of the dismissal.…

…Justification of dismissal can accordingly be shown by proof of fact ascertained subsequently to the dismissal, or on grounds differing from those alleged at the time.”…

…Further, the mention date of 9 th January 2023 which led to the dismissal, was never served upon him.…

…dismissal of suits for want of prosecution, is that litigation must be expedited and concluded by the parties.…

…This ruling is in respect to the Application dated 18 th February 2025 wherein the Applicant seeks the dismissal of the Appeal for want of prosecution.…

…down for hearing, the registrar shall on notice to the parties list the appeal before a judge in chambers for dismissal.…

…The Appellant therefore maintained that the dismissal was premature and irregular.…

…Even after dismissal on 6th November 2023, the Appellant waited approximately seven months before filing the application for reinstatement on 6th June 2024. 21.…

…The dismissal of an action for the failure to supply particulars imposes a drastic penalty.…

…The dismissal of an action at an interlocutory stage is a very serious matter and may well work serious injustice.” With respect the learned judge erred.…

…Githinji J, the Appeal was recorded to have been dismissed for want of prosecution, the dismissal appears to have been more on the ground of non-attendance.…

…As aforesaid, the Appellant had earlier been served with the Notice of Dismissal for Want of Prosecution dated 2/06/2017 but H.…