[2018] KEELC 4869 (KLR)
The court found that the parties failed to attend court to show cause why the suit should not be dismissed for want of prosecution, despite proper notice having been issued. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court exercised its discretion to dismiss the suit, as no sufficient...
Source-derived case information.
- Citation
- [2018] KEELC 4869 (KLR)
- Parties
- Plaintiff: Anita Ntiiritwa M’Mwamba; Defendant: Raphael Mpiuki Joseph Mbare & Another
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 206 of 2017
- Procedural Posture
- Land and Property 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, Failure to Prosecute, Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anita Ntiiritwa M’Mwamba
Plaintiff
Raphael Mpiuki Joseph Mbare & Another
Defendant
Procedural Posture
Land and Property Suit / 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 parties failed to attend court to show cause why the suit should not be dismissed for want of prosecution, despite proper notice having been issued. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court exercised its discretion to dismiss the suit, as no sufficient cause was shown to justify its continuation. The absence of both parties and lack of action for a significant period warranted the dismissal to prevent abuse of court process and ensure expeditious disposal of cases.
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. 206 OF 2017
FORMERLY MERU ELC. 225 OF 2013
ANITA NTIIRITWA M’MWAMBA.................................................PLAINTIFF
VERSUS
RAPHAEL MPIUKI JOSEPH MBARE & ANO..................DEFENDANTS
RULING
1. When the parties were to come to court on 18. 1.2018 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 18th day of January, 2018
in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE