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…the purported dismissal took place on 2/3/2022 which is an error on the face of the record warranting setting aside or review.…

…The application arose from a dismissal order made on 2/3/2022 vide which the suit was dismissed for want of prosecution. The application is unopposed.…

…Whether the plaintiffs have made out a case for setting aside the dismissal order and reinstatement of the suit 8.…

…It is strange that the plaintiffs did not discover the dismissal order for several months.…

…in kicking in the order of dismissal for want of compliance, was not the main issue that moved the court on 16/6/2025 when the matter was dismissed.…

…It never mentioned lack of attendance as a ground of dismissal. 5. It would be rare that a court would dismiss a suit on a mention date owing to lack of attendance alone.…

…The objection challenges the competence of the Plaintiff’s suit on the principal ground that it is res judicata, in light of the dismissal of Siakago SPMC ELC Case No. 10 of 2018 for want of prosecution.…

…The question is whether such dismissal constitutes a final determination for purposes of res judicata.…

…In an affidavit in support of the application for dismissal for want of prosecution deposed by one Protus Evans Masinde on 31st July 2023, the Applicant avers that since the file was ordered for a retrial by the Court of…

…Since the matter was ordered for a retrial before another judge other than Olola J., one year has never lapsed to merit the dismissal.…

…TLO Advocates LLP, be granted leave to come on record after the issuance of the dismissal order?…

…The Applicant submits that the dismissal order resulted from circumstances beyond their control, as outlined in the supporting affidavit.…

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

…The 3rd defendant seeks dismissal of the suit on the basis that it is more than three months since the pleadings closed.…

…That she only learnt about the dismissal later from the plaintiffs and that mistake of counsel should not be visited upon an innocent party.…

…The plaintiffs essentially seek setting aside of the order of dismissal of the suit that was made on 26th October 2022.…

…This would have obviously laid out what the plaintiff’s benefits or entitlements would have been upon dismissal in whatever manner.…

…There has been no evidence that he has genuinely looked for a job and has not been successful nor that due to the defendant’s summary dismissal nobody can give him a job.…

…Order 17 Rule 2(1) provides for the dismissal of a suit by the court ‘suo moto’.…

…Order 17 Rule 2(3) of the same Rules provides for dismissal of a suit upon application of a party as follows;- “Any party to the suit may apply for dismissal as provided in sub-rule 1” 11.…

…Further Order 17 Rule 2(3) states thus: “Any party to the suit may apply for its dismissal as provided in sub-rule 1” The power of dismissal for want of prosecution under Order 17 is a matter that is within the discretion…

…In Argan Wekesa Okumu vs Dima College Limited & 2 others (2015) eKLR the court considered the principles for dismissal of a suit for want of prosecution and stated as follows; “The principles governing applications for dismissal…

…Further Order 17 Rule 2(3) states thus: “Any party to the suit may apply for its dismissal as provided in sub-rule 1” The power of dismissal for want of prosecution under Order 17 is a matter that is within the discretion…

…In Argan Wekesa Okumu vs Dima College Limited & 2 others (2015) eKLR the court considered the principles for dismissal of a suit for want of prosecution and stated as follows; “The principles governing applications for dismissal…

…All the Defendants, save for the 2nd Defendant who was not represented in court on that day supported the proposed dismissal of the suit.…

…Pursuant to the order of dismissal of the suit, the Plaintiff filed the Notice of Motion dated 2nd February, 2023 in which the substantive orders sought were as follows: “3.…

…The applicant further states that he only became aware of the dismissal on 24 th March 2026 when a court assistant physically perused the court file. 7.…

…The Applicant stands to lose the opportunity to have its commercial dispute heard on the merits if the dismissal is not set aside.…

…The deponent stated that they were never aware of the dismissal as no hearing notice was served upon them. d) According to the deponent, their former counsel was unaware of the dismissal date as she was indisposed. e) It…

…The Plaintiff/Applicant states that the dismissal was occasioned by her Counsel on record failure to turn up in court.…

…After dismissal of that application for injunction, the applicant took no step to prosecute the matter.…

…Five years later, on 12 October 2023, an application dated 9 October 2023 was filed by the applicant seeking to set aside the order of dismissal of the suit made on 13 November 2018.…

…The present application seeks to set aside the dismissal order and the consequential proceedings conducted thereafter. 7.…

…In particular, the Court must determine the effect of setting aside the dismissal order in circumstances where, following that dismissal, the Defendants proceeded with the hearing of their counterclaim and thereafter closed…

…It was his averments that he only discovered about the dismissal of the suit on 24th June 2024, while on routine Court business.…

…Mr Ole Yenko for the 1st Respondent sought for dismissal of the suit/ Misc Application for non -attendance of the Applicant.…

…governing applications for dismissal for want of prosecution are well settled and have been established by a long line of authorities.…

…As such the 3rd Defendant in this case must meet the burden of proof in seeking the dismissal of the Plaintiff’s case for want of prosecution see the case of Ivita –vs-Kyumbu (1984) KLR 441.…