JUDGMENT OF THE COURT
The appeal for determination arises from a ruling arising from a Notice of Motion dated 31st May 2013 which was brought under order 17 rule 2 and order 51 rule 1 of the Civil Procedure Rules and filed by the respondents seeking to dismiss the appellant’s suit at the High Court for want of prosecution.
The application was supported by the sworn affidavit of Caroline Cheruiyot, Senior Legal Officer of the 1st respondent, dated 3rd May 2013 wherein it was deponed that, the plaint was filed on 3rd February 2005, and on 11th February 2005, the respondents were served with summons to enter appearance; that they filed their defence on 24th February 2005, and that the suit was not set down for hearing until 28th September 2011, but on that date it was not listed on the cause list. It was deponed that since then no further action had been taken on the matter, yet the nature of the dispute required that it be promptly prosecuted while the evidence was still fresh, and the wi…