[2018] KEELC 4830 (KLR)
The court found that notice to show cause was properly served on the plaintiff, and no sufficient cause was shown as to why the suit should not be dismissed. The plaintiff's advocate admitted inability to trace her client and did not provide any substantive reason to prevent dismissal. Consequently, the court...
Source-derived case information.
- Citation
- [2018] KEELC 4830 (KLR)
- Parties
- Plaintiff: Annah Wanja Nderi; Defendant: Stephen Rucha Chabari
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 95 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Notice to Show Cause for 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, Notice to Show Cause, Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Annah Wanja Nderi
Plaintiff
Stephen Rucha Chabari
Defendant
Procedural Posture
Land and Property Suit / Ruling on Notice to Show Cause for 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 notice to show cause was properly served on the plaintiff, and no sufficient cause was shown as to why the suit should not be dismissed. The plaintiff's advocate admitted inability to trace her client and did not provide any substantive reason to prevent dismissal. Consequently, the court exercised its discretion under Order 17 Rule 2(1) of the Civil Procedure Rules and dismissed the suit for want of prosecution, with no order as to costs.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 95 OF 2017
FORMERLY MERU ELC. 81 OF 2008
ANNAH WANJA NDERI..................................PLAINTIFF
VERSUS
STEPHEN RUCHA CHABARI.....................DEFENDANT
RULING
1. Notice was given to parties to come to court on 17. 1.2018 to show cause why the suit should not be dismissed for want of prosecution in terms of Order 17 Rule 2(1) of the Civil Procedure Rules.
2. Miss Kiome, the plaintiff’s lawyer, told the court that despite all efforts, she had failed to trace her client. She left it to the court to give it’s directions.
3. I note that notice was properly given to the plaintiff to come to court on 17. 1.2018 to show cause why the suit should not be dismissed for want of prosecution.
4. I find that cause has not been shown to the satisfaction of the court that the suit should not be dismissed.
5. In the circumstances, this suit is dismissed with no order as to costs.
6. It is so ordered
Delivered in open court at Chuka this 17th day of January, 2018
in the presence of:
CA: Ndegwa
Miss Kiome for the plaintiff
P.M. NJOROGE
JUDGE