[2017] KEELC 701 (KLR)
The court found that the notice to show cause was properly issued and that neither party attended court to provide reasons against dismissal. In the absence of any explanation or steps taken to prosecute the suit, the court held that the requirements of Order 17 Rule 2(1) of the Civil Procedure Rules were satisfied....
Source-derived case information.
- Citation
- [2017] KEELC 701 (KLR)
- Parties
- Plaintiff: Alexander Muthengi Muchee; Defendant: Co-operative Bank of Kenya & 2 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 136 of 2017
- Procedural Posture
- Land and Property / 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, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alexander Muthengi Muchee
Plaintiff
Co-operative Bank of Kenya & 2 Others
Defendant
Procedural Posture
Land and Property / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 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 and that neither party attended court to provide reasons against dismissal. In the absence of any explanation or steps taken to prosecute the suit, the court held that the requirements of Order 17 Rule 2(1) of the Civil Procedure Rules were satisfied. Consequently, the suit was dismissed for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 136 OF 2017
FORMERLY MERU ELC CASE NO. 99 OF 2011
ALEXANDER MUTHENGI MUCHEE........................................PLAINTIFF
VERSUS
CO-OPERATIVE BANK OF KENYA & 2 OTHERS...........DEFENDANTS
RULING
1. When the parties were to come to court on 19. 12. 2017 to show cause why this suit should not be dismissed for want of prosecution in terms of order 17 rule 2(1) of the Civil Procedure Rules, they did not turn up.
2. I am satisfied that the apposite Notice was properly issued.
3. I find that the parties have failed to show cause why this suit should not be dismissed for want of prosecution in terms of order 17 rule 2 (1) of the Civil Procedure Rules.
The suit, therefore, merits dismissal.
4. The suit is dismissed.
5. It is so ordered.
Delivered in open court at Chuka this 19th day of December, 2017 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE