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

…three months after the giving of directions under rule 13 the appeal shall have been set down for hearing by the appellant, the respondent shall be at liberty either to set down the appeal for hearing or to apply by summons for…

…Popat & Others [2016] eKLR, the Court held that dismissal for want of prosecution is discretionary and involves considering whether the plaintiff has lost interest and whether the defendant will suffer prejudice. 21.…

…The court is therefore satisfied that the legal threshold for dismissal for want of prosecution has been met. 25.…

…The Respondent contended that no sufficient reasons have been adduced by the Applicant on his failure to attend Court on 14/11/2023 when the matter was listed for dismissal for want of prosecution, that the contumelious delay…

…Counsel urged that equity does not aid the indolent and that having failed to attend Court on 14/11/2023 when the matter was listed for dismissal for want of prosecution and been served with taxation notice dated 18/08/2024…

…Dismissal for want of prosecution [Order 42, rule 35] (1) Unless within three months after the giving of directions under rule 13 the appeal shall have been set down for hearing by the appellant, the respondent shall be at…

…liberty either to set down the appeal for hearing or to apply by summons for its dismissal for want of prosecution. (2) If, within one year after the service of the memorandum of appeal, the appeal shall not have been set…

…Dismissal for want of prosecution [Order 42, rule 35] (1) Unless within three months after the giving of directions under rule 13 the appeal shall have been set down for hearing by the appellant, the respondent shall be at…

…liberty either to set down the appeal for hearing or to apply by summons for its dismissal for want of prosecution. (2) If, within one year after the service of the memorandum of appeal, the appeal shall not have been set…

…He avers that his Advocates on record filed a Notice of Motion together with a Supporting Affidavit dated 22nd day of October 2024 seeking dismissal of Appeal for want of prosecution.…

…He avers that the Honourable Court allowed the application for dismissal for want of prosecution and therefore this Honourable Court is functus officio. The Applicants can only Appeal.…

…for want of prosecution with a final adjudication of the dispute, thereby arriving at an erroneous conclusion that the suit was barred by the doctrine of res judicata.…

…It was contended that a dismissal for want of prosecution does not satisfy the requirements of Section 7 of the Civil Procedure Act and cannot operate as a bar to a subsequent suit founded on the same cause of action. 10.…

…The critical question is whether dismissal for want of prosecution amounts to a matter “heard and finally determined. ”A dismissal for want of prosecution is procedural in nature.…

…The law governing dismissal of appeals for want of prosecution is found in Order 42 Rule 35 of the Civil Procedure Rules, 2010, which provides: Rule 35(1): "Unless within three months after the giving of directions under…

…rule 13 the appeal shall have been set down for hearing by the appellant, the respondent shall be at liberty either to set down the appeal for hearing or to apply by summons for its dismissal for want of prosecution."…

…The law governing dismissal of appeals for want of prosecution is found in Order 42 Rule 35 of the Civil Procedure Rules, 2010, which provides: Rule 35(1): "Unless within three months after the giving of directions under…

…rule 13 the appeal shall have been set down for hearing by the appellant, the respondent shall be at liberty either to set down the appeal for hearing or to apply by summons for its dismissal for want of prosecution."…

…for want of prosecution constitutes a final determination under Order 17 Rule 2 of the Civil Procedure Rules, because it terminates the suit; and unless set aside or reinstated, such dismissal remains a valid and binding…

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

…No reason for the non-filing of the same has been advanced and in actual fact, as herein above stated the matter had been listed for dismissal for want of prosecution of the appeal when the above indication was made to court…

…The appellant further submitted that in Mwangi S Kimenyi versus Attorney General and another Misc Civil suit no 720 of 2009 the court set out the principles governing dismissal of suits for want of prosecution 15.…

…Dismissal for want of prosecution which states; (1) Unless within three months after the giving of directions under rule 13 the appeal shall have been set down for hearing by the appellant, the respondent shall be at liberty…

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

…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.…

…In view of the persistent inaction by the Appellant, the Court issued the Notice of Dismissal for Want of Prosecution dated 2/06/2017 which the record indicates, was duly served upon the Advocates on record for both parties…

…The matter was listed before the judge for dismissal for want of prosecution. 8.…

…The court having directed that the suit would be disposed of by way of written submissions, and the applicant having failed to file the submissions, no other order would be open to this Honourable Court except the order for…

…dismissal for want of prosecution.…

…They averred that they were unaware that the matter had been set down for dismissal for want of prosecution, on 20th April 2023, for they did not receive notice of the mention slated for that date for that purpose.…

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

…The principles governing dismissal for want of prosecution are well settled. In Nilesh Premchand Mulji Shah & Another t/a Ketan Emporium v M.D.…