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…The Court is alive to the constitutional imperative that disputes ought, where possible, to be determined on the merits, and that dismissal of suits is a draconian measure.…

…In the present case, the Applicant acted with extreme promptness by filing the reinstatement application only one day after the dismissal. 21.…

…RULING Dismissal of suit 1.When a party says ‘dismiss this case for want of prosecution and non-compliance of some fundamental directions’, one may be tempted to act intuitively to such request.…

…sent away from the judgment seat unheard whilst also ensuring adherence to the overriding objective of the law and the principle of justice in article 159(2)(b) of the Constitution that; ‘justice shall not be delayed’. 2.Dismissal…

…Dismissals help in clearing backlogs in court, created by parties who lack appetite to prosecute their cases.…

…They only became active after the dismissal. I do not think the appellants did much to aid their case.…

…on the question of dismissal at all. 14.…

…It is noteworthy that the counsel actually sought for a hearing date as opposed to the dismissal of the suit for non-attendance.…

…For this reason of dormancy or inaction, the Court, suo motu, fixed the Appeal for dismissal for 27/11/2024 under the provisions of Order 42 Rule 35(2) of the Civil Procedure Rules. 3.…

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

…The Applicant shall undertake to prosecute the same within 60 days from the date of this ruling failure to which the dismissal shall stand. The Applicant shall bear the costs of this application in any event.…

…Through an application dated 9 th January, 2025, the Applicant seeks grant of an order reinstating the Bill of Costs dated 22 nd February, 2022 following dismissal orders which were effective within 60 days of the ruling…

…She only found out about the dismissal by looking at the court file on 13th February 2023. She argues that her failure to attend court was not deliberate.…

…This led to the dismissal for lack of prosecution on 27th April 2022. The current application is said to be excessive, unfounded, and an abuse of the court process. 5.…

…This has caused the Company to file a Notice of Motion dated 17th March 2021 seeking to set aside the dismissal order.…

…Turning to the substance of the application, the question is whether the court should set aside the dismissal order.…

…Dismissal under the order and rule would only be sought on the ground of delay in prosecuting the suit.…

…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.…

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

…With regard to wrongful dismissal, every employee in every employment except one expressly excluded by statute has the right not to be unfairly dismissed by his employer.…

…He submitted further that, also, such dismissal can only be done if no step has been taken in the suit for a period of 1 year. He then cited several cases.…

…Pursuant to this dismissal, the Appellant, on 3/03/2020, filed an Application seeking the setting aside of the dismissal and/or reinstatement of the suit.…

…Further that the purport of Order 42 rule 35 (2) is that if within one year after the service of the memorandum of appeal the appeal is not set down for hearing the same can be listed for dismissal. 11.…

…The applicant submits that the appellants did not take any steps to prepare for the taking of directions until after they were served with this application and that sets this appeal up for dismissal. 16.…

…The Applicant therefore seeks dismissal of the appeal and release of the decretal sums. 12.…

…The principles governing dismissal for want of prosecution are well-settled.…

…Dismissal, can be done even where there are no provisions for dismissal. In the case of Mukisa Biscuit Manufacturing Co.…

…Nothing useful transpired till dismissal. The matter was in the cause list published at Kenya Law. The Respondent appears not opposing the Application for reinstatement.…

…The power of the Court to set aside dismissal orders is discretionary.…

…The present application seeking reinstatement was filed on 13th September 2023, approximately one year after the dismissal. 10.…

…Turning to this case, the question is whether a dismissal for want of prosecution can be termed as a final determination on merits.…

…Also, in Moses Mbatia v Joseph Wamburu Kihara 15 the court held that dismissal of a suit for nonattendance or want of prosecution is not synonymous with a suit that has been heard and determined.…

…Aggrieved by the dismissal, the Plaintiffs filed the present application seeking to have the suit reinstated.…

…The Defendant concluded by urging the Court to uphold the dismissal order issued on 18th April 2023.…

…The proper step the Plaintiffs were required to take was to apply for setting aside of the dismissal order and for reinstatement of the suit. 13.…

…The Court cannot set aside dismissal of a suit on the sole ground of a mistake by Counsel of the litigant on account of such Advocate's failure to attend Court.…

…The dismissal followed the Notice to Show Cause why suit should not be dismissed, issued under Order 17 Rule (2) of the Civil Procedure Rules because the matter had remained dormant from 27/5/2020 which was over one year.…

…The Notice to Show Cause was issued on 17/9/2021 and the dismissal was done on 2/12/2021. 3.…