MATHEWS SANKOK SHOMPA v KENYA COMMERCIAL BANK LIMITED & 3 others [2006] KEHC 2673 (KLR)

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)

Civil Case 529 of 2004

MATHEWS SANKOK SHOMPA ……………...........................……...……….….PLAINTIFF

VERSUS       

KENYA COMMERCIAL BANK LIMITED……............................…...…..1^ST DEFENDANT

CASH CROP AUCTIONEERS……………….........................…….……2^ND DEFENDANT

SAMUEL NJENGA KANYORO………………...........................…..……3^RD DEFENDANT

NAIROBI POOL TABLE (K) LIMITED……............................………..…4^TH DEFENDANT

R U L I N G

      The 1^st and 2^nd defendants have moved this court with a Notice of Motion application seeking for this suit to be dismissed for want of prosecution.  The plaintiff was served with the application and on the day of hearing had not filed any papers in opposition nor was there any appearance made on his behalf.

      This matter was last in court on 7^th April 2005 for the hearing of the plaintiff’s application for an injunction dated 6^th December 2004.  on 7^th April 2005 the plaintiffs application was stood over generally to enable the plaintiff join other parties to this action.  Since that date the plaintiff has not fixed this matter for hearing.  That period of non activity is more than three months and accordingly this suit as per Order 16 Rule 5 does qualify to being dismissed for want of prosecution.

The court therefore grants the following orders: -

(1)   That this suit as against the 1^st and 2^nd defendant is hereby dismissed for want of prosecution.

(2)   That 1^st and 2^nd defendants are awarded costs of the suit and costs of the Notice of Motion dated 9^th March 2006.

MARY KASANGO

JUDGE

Dated and delivered this 28^th April 2006

MARY KASANGO

JUDGE