[2018] KEELC 3618 (KLR)
The court found that the notice to show cause was properly issued and that neither party appeared to provide reasons why the suit should not be dismissed. In the absence of any cause shown, and in accordance with Order 42 Rule 35(2) of the Civil Procedure Rules, the court determined that the suit had not been...
Source-derived case information.
- Citation
- [2018] KEELC 3618 (KLR)
- Parties
- Appellant: Catherine Muthoni Riungu; Respondent: Ashford Njeru M’Rachi & Another
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 120 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Appeals Process, Civil Procedure Rules, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Catherine Muthoni Riungu
Appellant
Ashford Njeru M’Rachi & Another
Respondent
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the suit 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 notice to show cause was properly issued and that neither party appeared to provide reasons why the suit should not be dismissed. In the absence of any cause shown, and in accordance with Order 42 Rule 35(2) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted and therefore warranted 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
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CIVIL APPEAL CASE NO. 120 OF 2017
FORMERLY MERU ELC CIVIL APPEAL NO. 96 OF 2012
CATHERINE MUTHONI RIUNGU.................APPELLANT
VERSUS
ASHFORD NJERU M’RACHI & ANO......RESPONDENTS
RULING
1. When the parties were to come to court on 3. 5.2018 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. The matter had been listed for dismissal before me.
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 term
5. S. of order 42 rule 35(2) of the Civil Procedure Rules. The suit, therefore, merits dismissal.
6. The suit is dismissed.
7. It is so ordered.
Delivered in open Court at Chuka this 3rd day of May, 2018 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE