[2017] KEHC 7537 (KLR)
The court found that since the suit was filed in July 2015, no steps had been taken to prosecute the matter, and neither party had provided sufficient reasons to prevent dismissal. The plaintiff's advocate had lost contact with the client and only sought more time to obtain instructions, while the defendant was...
Source-derived case information.
- Citation
- [2017] KEHC 7537 (KLR)
- Parties
- Plaintiff: Clarence Nyaga Mbuih; Defendant: Frankline Kinyua
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 28 of 2017
- Procedural Posture
- Land and Property / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Legal Topics
- Dismissal for Want of Prosecution, Order 17 Rule 2, Case Management, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Clarence Nyaga Mbuih
Plaintiff
Frankline Kinyua
Defendant
Procedural Posture
Land and Property / Ruling on Notice to Show Cause for 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 since the suit was filed in July 2015, no steps had been taken to prosecute the matter, and neither party had provided sufficient reasons to prevent dismissal. The plaintiff's advocate had lost contact with the client and only sought more time to obtain instructions, while the defendant was absent. The court was not satisfied that there was any justification for the delay or for retaining the suit on the court's register. Accordingly, the court exercised its discretion under Order 17 Rule 2(1) of the Civil Procedure Rules and dismissed the suit for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- This suit is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT CHUKA
CHUKA ELC CASE NO 28 OF 2017
FORMERLY MERU ELC CASE NO.49 OF 2015
CLARENCE NYAGA MBUIH.........................................PLAINTIFF
VERSUS
FRANKLINE KINYUA................................................DEFENDANT
RULING
1. Parties were issued with a notice 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.
2. On 28. 2.2017 the defendant and/or his advocate were not in court.
3. Miss Kaaria holding brief for Mr Nyamu Nyaga, for the plaintiff told the court that Mr.Nyamu Nyaga had lost contact with his client. She asked that Mr. Nyamu Nyaga be granted more time to seek instructions from his client.
4. I note that from July, 2015 when this suit was filed, the matter has not been brought before a Judge or any other judicial officer.
5. I find that the parties have NOT shown to the satisfaction of this court why this suit should NOT be dismissed.
6. This suit is dismissed.
7. It is so ordered.
Delivered in open court at Chuka this 28th day of February, 2017 in the presence of:
CA: Ndegwa
M/S Kaaria h/b Nyamu for the Plaintiff
Defendant or Advocate Absent
P. M. NJOROGE,
JUDGE