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CHARO THALI NGALA
V.
REPUBLIC & 4 OTHERS

(2018) JELR 103242 (CA)

Court of Appeal 7 Jun 2018 Kenya
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Case Details

Suit Number:Civil Appeal 48 of 2017
Judges:Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja
Location:Mombasa
Other Citations:Charo Thali Ngala v. Republic & 4 others [2018] eKLR

JUDGMENT OF THE COURT

This is an appeal against the dismissal of suit for want of prosecution under Order 17 rule 2 of the Civil Procedure Rules, this rule provides that;-

“In any suit in which no application has been made or step taken by either party for one year, the court may give notice in writing to the parties to show cause why the suit should not be dismissed, and if cause is not shown to its satisfaction, may dismiss the suit”

The proceedings in question were in the form of an application for Judicial Review; filed by the ex parte applicant Charo Thali Ngala (appellant) on 20th January, 2000. The proceedings went on intermittently with the hearing of some preliminary matters and interlocutory applications, until 16th October, 2012; when everything appears to have stagnated and the substantive judicial review application left pending. Come the 27th of February, 2017, the trial court acting suo motu, directed that the matter be listed for mention on 27th March, 2017 in order for p…

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