[2017] KEELC 1474 (KLR)
The court found that the notice to show cause was properly issued to the parties. Neither the plaintiff nor the defendant appeared in court to provide reasons or demonstrate cause as to why the suit should not be dismissed for want of prosecution. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules,...
Source-derived case information.
- Citation
- [2017] KEELC 1474 (KLR)
- Parties
- Plaintiff: Charles Muthaura Mithika; Defendant: M’Mathaine M’Mutungi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 123 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, Case Management, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Muthaura Mithika
Plaintiff
M’Mathaine M’Mutungi
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 the notice to show cause was properly issued to the parties. Neither the plaintiff nor the defendant appeared in court to provide reasons or demonstrate cause as to why the suit should not be dismissed for want of prosecution. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the failure of both parties to take steps in the matter or to respond to the notice justified dismissal of the suit. The court exercised its discretion to dismiss the suit for want of prosecution, as the parties had not demonstrated any interest in pursuing the matter further.
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
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT CHUKA
CHUKA ELC CASE NO. 123 OF 2017
FORMERLY MERU ELC CASE NO.104 OF 2010
CHARLES MUTHAURA MITHIKA............................................PLAINTIFF
VERSUS
M’MATHAINE M’MUTUNGI....................................................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