Mwandha Kizito Richard v Housing Finance Bank Ltd (Civil Suit No. 788 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed the suit under Order 17 rule 4 of the Civil Procedure Rules where both parties failed to appear for a scheduled hearing and had taken no steps to prosecute the matter since filing in June 2024, despite the Court fixing the hearing on its own motion.
Outcome
Suit dismissed for want of prosecution
Facts
The plaintiff filed suit against the defendant on 26 June 2024. The matter was cause listed for hearing on 27 February 2026 with a hearing notice issued on ECCMIS and a court sitting created. Neither party appeared in court on the scheduled date, nor did they communicate any reason for non-appearance. The parties had taken no steps to prosecute the matter since filing. The Court had fixed the hearing on its own motion, but the parties still failed to appear.
Issues
- Whether the suit should be dismissed for failure of parties to appear or prosecute the matter
Orders
- Matter dismissed under Order 17 rule 4 of the Civil Procedure Rules.
- No order as to costs.
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.