[2017] KEELC 2363 (KLR)
The court found that the parties failed to attend court and did not show cause why the appeal should not be dismissed for want of prosecution. The notice to show cause was properly issued, and in the absence of any explanation or attendance by the parties, the court exercised its discretion under Order 42 Rule 35(2)...
Source-derived case information.
- Citation
- [2017] KEELC 2363 (KLR)
- Parties
- Appellant: Anglicola Mutegi; Appellant: Gatiria Mitugo; Appellant: Josphat Kinyua; Respondent: Mwithi Augostino Mitugo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 82 of 2013
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Appeals Process, Order 42 Rule 35, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anglicola Mutegi
Appellant
Gatiria Mitugo
Appellant
Josphat Kinyua
Appellant
Mwithi Augostino Mitugo
Respondent
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution under Order 42 Rule 35(2) of the Civil Procedure Rules.
Ratio Decidendi
The court found that the parties failed to attend court and did not show cause why the appeal should not be dismissed for want of prosecution. The notice to show cause was properly issued, and in the absence of any explanation or attendance by the parties, the court exercised its discretion under Order 42 Rule 35(2) of the Civil Procedure Rules to dismiss the appeal for want of prosecution.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution.
- It is so ordered.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC [CA] CASE NO 82 OF 2017
FORMERLY MERU ELC [CA] CASE NO. 61 OF 2013
ANGLICOLA MUTEGI...……………………. ……………….1ST APPELLANT
GATIRIA MITUGO…………………………………………….2ND APPELLANT
JOSPHAT KINYUA……………………………………………3RD APPELLANT
VERSUS
MWITHI AUGOSTINO MITUGO…………………….…………RESPONDENT
RULING
1. When the parties were to come to court on 17. 7.2017 to show cause why this suit should not be dismissed for want of prosecution in terms of order 42 rule 35(2) 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 Appeal should not be dismissed for want of prosecution in terms of Order 42 Rule 35 (2) 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 17th day of July, 2017 in the presence of:
CA: Ndegwa
Parties -absent
P.M. NJOROGE
JUDGE