Omar and 2 Others v Masambu (Civil Suit No. 894 of 2017)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The High Court dismissed the suit under section 17(2)(a) of the Judicature Act where the plaintiffs failed to file a rejoinder to the written statement of defence, did not appear at the scheduled hearing, and showed no further interest in prosecuting the matter for almost one year after the defence was filed.
Outcome
Suit dismissed for want of prosecution
Facts
The plaintiffs filed a civil suit in the Land Division. The defendant initially failed to file a written statement of defence and exparte proceedings were commenced. A locus visit was scheduled after formal proof on 29 August 2019. On 12 December 2019, the parties entered a consent allowing late filing of the defence, and the exparte proceedings were set aside by court order dated 17 December 2019. The defendant filed his written statement of defence on 7 July 2020. The plaintiffs did not file a rejoinder. The matter was scheduled for hearing on 7 April 2021 but neither party appeared. Almost one year had passed since the defence was filed with no further action by the plaintiffs.
Issues
- Whether the suit should be dismissed for want of prosecution where plaintiffs failed to file a rejoinder and did not appear at the scheduled hearing.
Orders
- Suit dismissed under Section 17(2)(a) Judicature Act Cap 13.
Legislation cited (1)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.