[2018] KEELC 4862 (KLR)
The court found that proper notice to show cause was issued to the parties as required under Order 17 Rule 2(1) of the Civil Procedure Rules. Neither the plaintiff nor the defendants appeared in court to show cause why the suit should not be dismissed for want of prosecution. The court was satisfied that the...
Source-derived case information.
- Citation
- [2018] KEELC 4862 (KLR)
- Parties
- Plaintiff: Ciliaca Cianthuni Njue; Defendant: Gregory Mbaka Matthew & 2 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 199 of 2017
- 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 Civil Procedure Rules, Land Dispute, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ciliaca Cianthuni Njue
Plaintiff
Gregory Mbaka Matthew & 2 Others
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 under Order 17 Rule 2(1) of the Civil Procedure Rules. Neither the plaintiff nor the defendants appeared in court to show cause why the suit should not be dismissed for want of prosecution. The court was satisfied that the requirements for dismissal had been met, and therefore dismissed the suit for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 199 OF 2017
FORMERLY MERU ELC. 175 OF 2013
CILIACA CIANTHUNI NJUE.................................................PLAINTIFF
VERSUS
GREGORY MBAKA MATTHEW & 2 OTHERS............DEFENDANTS
RULING
1. When the parties were to come to court on 18. 1.2018 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.
It is so ordered.
Delivered in open court at Chuka this 18th day of January, 2018 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE