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…In this case the respondent could have brought his action for malicious prosecution until the prosecution ended in his favour.…

…Under the first element of the test for malicious prosecution, the plaintiff must prove that the prosecution at issue was initiated by the defendant.…

…the legal threshold for a cause of action in either malicious prosecution or defamation. 9.…

…He explained that, as a statutory body, NHIF is vested with delegated authority to institute prosecutions on behalf of the Director of Public Prosecutions (DPP).…

…On 6th March 2025, vide a notice of motion application, the 1st defendant filed an application seeking that the suit be dismissed for want of prosecution.…

…The power to dismiss a suit for want of prosecution is governed by Order 17 of the Civil Procedure Rules.…

…legal basis for bringing the claim for malicious prosecution against it. 11.…

…the alleged offender to justice…Malicious prosecution is an intentional tort designed to provide redress for losses flowing from an unjustified prosecution.” 59.…

…And the prosecution was undertaken by the Attorney General as the public prosecutor. Telkom Kenya was merely a complainant.…

…Clearly the complainant in that case was not the one who led to the arrest and prosecution of the respondent.…

…THAT this suit be dismissed for want of prosecution. 2.…

…The subsistence of the suit in court without its prosecution is highly prejudicial to the 1st and 2nd Defendants and is an abuse of the court process.…

…It is the plaintiff’s case that his prosecution was malicious and his dismissal wrongful.…

…Two matters must be established before the tort of malicious prosecution can be sustained.…

…This Honorable Court be pleased to set aside its orders of 25th April, 2024 dismissing the suit for want of prosecution and do reinstate the same. 3. Costs of this application be in the cause.…

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

…On 9th May 2016 after a lapse of almost 6 years from the time the suit was filed, the suit was dismissed for want of prosecution.…

…The death of the plaintiff could not therefore be the reason for non-prosecution of this suit.…

…E054 OF 2025 MARY KIPTUI................................................................................PLAINTIFF VERSUS DIRECTOR OF PUBLIC PROSECUTIONS......................1 ST DEFENDANT THE HON.…

….………....3 RD DEFENDANT RULING Background Mary Kiptui (hereafter the Plaintiff) instituted the present suit against Director of Public Prosecutions, The Hon.…

…Ochieng dismissed the suit, ELC 421 of 2017 (formerly Machakos ELC 152 of 2014) for want of prosecution on 7th March 2018 after a notice to show cause had been issued. 7.   …

…It is certainly not in dispute that the prior suit, ELC 421 of 2017 (formerly Machakos ELC 152 of 2014) was dismissed for want of prosecution on 7th March 2018.…

…The second one is that he may make an application to dismiss the suit for want of prosecution.…

…Kyumbu [1984] KLR 441 the Court laid down principles for issuance of an order of dismissal of suit for want of prosecution.…

…The second one is that he may make an application to dismiss the suit for want of prosecution.…

…Kyumbu [1984] KLR 441 the Court laid down principles for issuance of an order of dismissal of suit for want of prosecution.…

…The 1st Defendant’s application dated 31st July 2023 and a Supporting Affidavit of even date seeks the following orders: i) That the Honourable Court be pleased to dismiss this suit for want of prosecution; ii) The Plaintiff…

…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…

…According to the Respondent, it apparent that the Applicant herein lost interest in the prosecution of this suit and has only been awakened by the service of the Taxation Notice. 11.…

…Therefore, I have no doubt the delay in the expeditious prosecution of this suit is due to the laxity, indifference and/ or negligence of the plaintiff.…

…The claim by the Plaintiff is based on the tort of malicious prosecution.…

…The Plaintiff has claimed that the present claim raises two (2) separate causes of action, an action based on the tort of malicious prosecution and alleged violations or infringements of the Constitution.…

…This matter has been dormant since 2021, save for an application dated 31/7/2024 filed by the Defendant seeking dismissal of the suit for want of prosecution.…

…Momanyi for the Defendant stated that the matter was for a NTSC and he had been served via email, he urged the Court to dismiss the suit for want of prosecution, with cost. 5.…

…According to him, as a result of this disinterest, the Defendants moved to court seeking to have the matter dismissed for want of prosecution. 5.…

…The power to dismiss a suit for want of prosecution is at the discretion of the court. In Nilesh Premchand Mulji Shah & Another t/a Ketan Emporium v M.D.…

…The Applicant avers that it is now over one (1) year and six (6) months since the plaintiff took any action to advance the prosecution of this suit.…

…The Applicant prays that the suit be dismissed for want of prosecution. 6. In response the Respondent confirms having filed the plaint dated 24th May 2017.…