[2018] KEELC 3827 (KLR)
The court found that the plaintiff failed to attend court and did not show any cause why the suit should not be dismissed for want of prosecution, as required under Order 17 Rules 2(1) and 2(2) of the Civil Procedure Rules. The absence of any explanation or action by the plaintiff justified the dismissal of the...
Source-derived case information.
- Citation
- [2018] KEELC 3827 (KLR)
- Parties
- Plaintiff: Anderson Gitari Mwangi; Defendant: Roland Mbuba Mukingo & Another; Respondent: Interested Party
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 113 of 2017
- Procedural Posture
- Land and Property / Ruling on Notice to Show Cause for Dismissal for Non Prosecution
- Outcome
- Suit dismissed for want of prosecution. Costs awarded to the Interested Party.
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Non Prosecution, Order 17 Civil Procedure Rules, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anderson Gitari Mwangi
Plaintiff
Roland Mbuba Mukingo & Another
Defendant
Interested Party
Respondent
Procedural Posture
Land and Property / Ruling on Notice to Show Cause for Dismissal for Non Prosecution
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution under Order 17 Rules 2(1) and 2(2) of the Civil Procedure Rules.
Ratio Decidendi
The court found that the plaintiff failed to attend court and did not show any cause why the suit should not be dismissed for want of prosecution, as required under Order 17 Rules 2(1) and 2(2) of the Civil Procedure Rules. The absence of any explanation or action by the plaintiff justified the dismissal of the suit. The court exercised its discretion to dismiss the suit and awarded costs to the Interested Party.
Court Disposition
Suit dismissed for want of prosecution. Costs awarded to the Interested Party.
Orders
- The suit is dismissed for want of prosecution.
- Costs are awarded to the Interested Party.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 113 OF 2017
FORMERLY MERU ELC. 128 OF 2009
ANDERSON GITARI MWANGI..............................................PLAINTIFF
VERSUS
ROLAND MBUBA MUKINGO & ANO..........................DEFENDANTS
RULING
1. Notice was properly issued for the parties to come to court on 11th April, 2018 to show cause why this suit should not be dismissed in terms of the provisions of order 17 rules 2(1) and 2(2) of the Civil Procedure Rules.
2. On 11th April, 2018, the plaintiff did not come to court. Miss Kithaka, the Interested Party’s Advocate urged the court to dismiss the suit for non-prosecution.
3. Mr. Ndolo holding brief for Mr. Wachira for the defendant, left the matter to the discretion of the court.
4. I find that no cause has been shown to the satisfaction of the court that the suit should NOT be dismissed.
5. In the circumstances, this suit is dismissed.
6. Costs are awarded to the Interested party.
7. It is so ordered.
Delivered in open Court at Chuka this 11th day of April, 2018 in the presence of:
CA: Ndegwa
Kithaka h/b E.G. Mwangi for the Interested Party
Ndolo h/b for Wachira for the Defendant.
P. M. NJOROGE
JUDGE