Margaret Mwontune Muturi v Consolata Hospital Nkubu & another [2007] KEHC 2459 (KLR)

Facts

The plaintiff sought the release of the body of the late Lawrence Mwangi Muturi for burial. The plaintiff was in court pursuing the hearing of her Application dated 16.5.2002 seeking the release of the body of the late Lawrence Mwangi Muturi for burial. The plaintiff was in court on 16.5.2002, 21.5.2002, 23.5.2002, and 29.5.2002. The body was released to the plaintiff on 29.5.2002, and she withdrew the application. The plaintiff did not take any further steps until 8.1.2007 when her advocates fixed the case for hearing on 20.6.2007 without notice to the advocates for the 2nd Defendant.

Issues

1. Want of prosecution of the suit
2. Prejudice to the 2nd Defendant

Reasoning

The plaintiff did not take any further steps after the body of the late Lawrence Mwangi Muturi was released to her on 29.5.2002, and she did not fix the case for hearing until 8.1.2007.

Outcome

The suit as against the 2nd Plaintiff is dismissed for want of prosecution.