[2017] KEHC 7649 (KLR)
The court found that proper notice to show cause was issued to the parties as required by Order 17 Rule 2(1) of the Civil Procedure Rules. Both parties failed to attend court and did not provide any reasons or arguments to oppose the dismissal. The court was satisfied that there was no cause shown for the delay in...
Source-derived case information.
- Citation
- [2017] KEHC 7649 (KLR)
- Parties
- Plaintiff: Charles Njeru Munyi; Defendant: Margaret Nduta Karanja
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 5 of 2015
- Procedural Posture
- Land and Property Suit / 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, Suit Inactivity, Land Dispute, Married Womens Property, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Njeru Munyi
Plaintiff
Margaret Nduta Karanja
Defendant
Procedural Posture
Land and Property Suit / 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 was issued to the parties as required by Order 17 Rule 2(1) of the Civil Procedure Rules. Both parties failed to attend court and did not provide any reasons or arguments to oppose the dismissal. The court was satisfied that there was no cause shown for the delay in prosecution. Consequently, the court exercised its discretion to dismiss the suit for want of prosecution, as continued inactivity undermines the efficient administration of justice and the expeditious disposal of cases.
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 05 OF 2017
FORMERLY MERU ELC CASE NO.05 OF 2015
IN THE MATTER OF SECTION 17 OF THE MARRIED WOMEN’S PROPERTY ACT (1882)
AND
IN THE MATTER OF THE CONSTITUTION (CHAPTER 4 ART 45 (3)
AND
IN THE MATTER OF SECTION 3 (1) OF THE JUDICATURE ACT CAP 8 OF THE LAWS OF KENYA
BETWEEN
CHARLES NJERU MUNYI………………………………………..PLAINTIFF
VERSUS
MARGARET NDUTA KARANJA………………………...……..DEFENDANT
RULING
1. When the parties were to come to court on 28. 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 28th day of February, 2017 in the presence of:
CA: Ndegwa
Parties - absent
P.M. NJOROGE
JUDGE