RAJESH RUGHANI V. FIFTY INVESTMENTS LIMITED & KEMBI & MUHIA ADVOCATES

JUDGMENT OF THE COURT

This appeal is against a ruling delivered by the High Court dismissing the appellant’s suit for want of prosecution. The appellant RAJESH RUGHANI filed suit against the respondents by way of plaint dated 9^th December 1996. Summons to Enter Appearance was served in September 1998 and defence entered on 22^nd September 1998. Pleadings closed on 24^th October 1998. The appellant neither set down the suit for hearing nor prosecuted the same. On 7^th April 2005, the respondents moved the High Court under the then Order 16 Rule 5 (a) and (d) and Order 50 Rule 1 of the Civil Procedure Rules seeking an order for dismissal of the appellant’s suit for want of prosecution. Upon being served with the application to dismiss the suit for want of prosecution, the appellant filed a list of documents on 30^th May 2005 together with a signed list of issues.

Upon hearing the parties, the learned judge O. K. Mutungi, J. dismissed the appellant’s suit for want of prosecution. In dismissing…