Monica Waithera Thuo v Daniel Thuo Ngugi & 3 others

Thuo v Ngugi & 3 others (Commercial Case 7 of 2020) [2024] KEHC 12558 (KLR) (17 October 2024) (Ruling) Neutral citation: [2024] KEHC 12558 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU COMMERCIAL CASE 7 OF 2020 DO CHEPKWONY, J OCTOBER 17, 2024 BETWEEN MONICA WAITHERA THUO ............................................................... APPLICANT AND DANIEL THUO NGUGI ............................................................... 1ST RESPONDENT FAMILY BANK LIMITED ............................................................ 2ND RESPONDENT LAND REGISTRAR, THIKA ...................................................... 3RD RESPONDENT THE HON. ATTORNEY GENERAL .......................................... 4TH RESPONDENT RULING 1. This matter is fosr mention for parties to show cause why the suit should not be withdrawn for want of prosecution, a Notice to Show Cause (NTSC) having been taken out in 24th July, 2023 and 9th July, 2024 respectively. Neither party and or their respective counsel are in attendance. They have even not filed any response to the Notice to Show Cause or sent representation with an explanation. 2. I have perused the record and established that there has been no activity I this matter since 13th May, 2021 when a ruling was delivered by Honourable Justice Meolli in respect of a Notice of Motion application dated 19th March, 2020 by the Applicant herein, which is a period of more than three (3) years. 3. In view of this, it is clear that the parties, and more so, the Applicant lost interest in the matter and the same is clogging this court’s system as backlog. 4. This Court thus proceeds to dismiss the suit for want of prosecution under Order 17 Rule 2(1) of the Civil Procedure Rules. It is so ordered. https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/12558/eng@2024-10-17 1

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