[2017] KEHC 7752 (KLR)
The court found that the notice to show cause was properly issued to the parties, but none of the parties appeared in court to provide reasons or show cause why the suit should not be dismissed. In the absence of any explanation or action from the parties, and in accordance with Order 17 Rule 2(1) of the Civil...
Source-derived case information.
- Citation
- [2017] KEHC 7752 (KLR)
- Parties
- Applicant: Baini Nkari; Applicant: Kanga Mwirebua; Applicant: Mbiuki Mwirabua; Respondent: Ndereva Naichu; Respondent: District Land Adjudication & Settlement Meru South District; Respondent: District Land Adjudication and Settlement; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 74 of 2017
- Procedural Posture
- Constitutional Petition / 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 Civil Procedure Rules, Land Adjudication, Failure to Prosecute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Baini Nkari
Applicant
Kanga Mwirebua
Applicant
Mbiuki Mwirabua
Applicant
Ndereva Naichu
Respondent
District Land Adjudication & Settlement Meru South District
Respondent
District Land Adjudication and Settlement
Respondent
Attorney General
Respondent
Procedural Posture
Constitutional Petition / 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 to the parties, but none of the parties appeared in court to provide reasons or show cause why the suit should not be dismissed. In the absence of any explanation or action from the parties, and in accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted and therefore merited dismissal 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
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT CHUKA
CHUKA ELC CASE NO 74 OF 2017
FORMERLY MERU PETITION CASE NO. 09 OF 2013
BAINI NKARI……………………………………………….…..1ST PETITIONER
KANGA MWIREBUA…………………………………...…..….2ND PETITIONER
MBIUKI MWIRABUA………………………………….…….....3RD PETITIONER
VERSUS
NDEREVA NAICHU………………………..……..……..….........1ST RESPONDENT
DISTRICT LAND ADJUDICATION &
SETTLEMENT MERU SOUTH DISTRICT…….……...………………2ND RESPONDENT
DISTRICT LAND ADJUDICATION AND SETTLEMENT…...…….….3RD RESPONDENT
ATTORNEY GENERAL………………..…………….....….…...........4TH RESPONDENT
RULING
1. When the parties were to come to court on 22. 2.2017 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 22nd day of February, 2017 in the presence of:
CA: Ndegwa
Parties absent
P.M. NJOROGE
JUDGE