[2018] KEELC 4829 (KLR)
The court found that the parties failed to attend court to show cause why the suit should not be dismissed for want of prosecution, despite proper notice being issued. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the absence of any step taken by the parties and their failure to respond to the...
Source-derived case information.
- Citation
- [2018] KEELC 4829 (KLR)
- Parties
- Plaintiff: Daniel Kiambati Kajiu; Defendant: Japhet Kithure Ruguru & 2 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 176 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, Failure to Prosecute, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Kiambati Kajiu
Plaintiff
Japhet Kithure Ruguru & 2 Others
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 parties failed to attend court to show cause why the suit should not be dismissed for want of prosecution, despite proper notice being issued. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the absence of any step taken by the parties and their failure to respond to the notice justified the dismissal of the suit. The court exercised its discretion to dismiss the matter, emphasizing the importance of diligent prosecution and adherence to procedural rules.
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 CASE NO. 176 OF 2017
FORMERLY MERU ELC. 244 OF 2013
DANIEL KIAMBATI KAJIU..................................................PLAINTIFF
VERSUS
JAPHET KITHURE RUGURU & 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.
5. 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