[2017] KEHC 1413 (KLR)

[2017] KEHC 1413 (KLR)

The court found that the notice to show cause was properly issued to the parties. Neither the plaintiff nor the defendant appeared in court to provide reasons or show cause why the suit should not be dismissed for want of prosecution. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted for a sufficient period and, in the absence of any explanation or action by the parties, the suit merited dismissal. The court therefore exercised its discretion to dismiss the suit for want of prosecution.

Citation
[2017] KEHC 1413 (KLR)
Parties
Plaintiff: Agnes Gacheri Gitari; Defendant: Benson Gitari Aphaxard
Court
High Court
Court Station
High Court at Chuka
Jurisdiction
Kenya
Judgment Date
14 December 2017
Case Number
Environment & Land Case 189 of 2017
Procedural Posture
Civil Suit / Ruling on Dismissal for Want of Prosecution
Outcome
suit dismissed for want of prosecution
Judges
FM Njoroge
Legal Topics
Dismissal for Want of Prosecution, Order 17 Rule 2, Case Management
Source Language
English
Civil Procedure Dismissal for Want of Prosecution Order 17 Rule 2 Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Agnes Gacheri Gitari

Plaintiff

Benson Gitari Aphaxard

Defendant

Procedural Posture

Civil Suit / Ruling on Dismissal for Want of Prosecution

Legal Issues

  1. 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2(1) of the Civil Procedure Rules.

Ratio Decidendi

The court found that the notice to show cause was properly issued to the parties. Neither the plaintiff nor the defendant appeared in court to provide reasons or show cause why the suit should not be dismissed for want of prosecution. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted for a sufficient period and, in the absence of any explanation or action by the parties, the suit merited dismissal. The court therefore exercised its discretion to dismiss the suit for want of prosecution.

Court Disposition

suit dismissed for want of prosecution

Orders

  • The suit is dismissed.