[2017] KEELC 1559 (KLR)
The court found that proper notice to show cause had been issued to the parties as required by Order 17 Rule 2(1) of the Civil Procedure Rules. Neither the plaintiff nor the defendant appeared in court to show cause why the suit should not be dismissed. The absence of any action or explanation from the parties led...
Source-derived case information.
- Citation
- [2017] KEELC 1559 (KLR)
- Parties
- Plaintiff: Beatrice Kaari; Defendant: Henry Mburung’a
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 128 of 2017
- Procedural Posture
- Land and Property / 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
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Beatrice Kaari
Plaintiff
Henry Mburung’a
Defendant
Procedural Posture
Land and Property / 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 proper notice to show cause had been issued to the parties as required by Order 17 Rule 2(1) of the Civil Procedure Rules. Neither the plaintiff nor the defendant appeared in court to show cause why the suit should not be dismissed. The absence of any action or explanation from the parties led the court to conclude that there was no justification for the suit to remain pending. Consequently, the court exercised its discretion to dismiss the suit for want of prosecution, ensuring compliance with procedural rules and promoting judicial efficiency.
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 OF KENYA AT CHUKA
CHUKA ELC CASE NO. 128 OF 2017
FORMERLY MERU ELC CASE NO.137 OF 2010
BEATRICE KAARI…………………………….......…………………..PLAINTIFF
VERSUS
HENRY MBURUNG’A…………………………………………….DEFENDANT
RULING
1. When the parties were to come to court on 12. 10. 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 12th day of October, 2017 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE