[2017] KEHC 7744 (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 court determined that the suit had not been prosecuted and no sufficient...
Source-derived case information.
- Citation
- [2017] KEHC 7744 (KLR)
- Parties
- Plaintiff: Daniel Mwanzea Mwendwa; Plaintiff: Stephene Mbuvi Mwendwa; Plaintiff: Crymant Maasai Mwendwa; Plaintiff: Jennifer Mutheo; Defendant: Jackson Muthengi Nyaga
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 31 of 2017
- Procedural Posture
- Land and Environment Case / 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
Daniel Mwanzea Mwendwa
Plaintiff
Stephene Mbuvi Mwendwa
Plaintiff
Crymant Maasai Mwendwa
Plaintiff
Jennifer Mutheo
Plaintiff
Jackson Muthengi Nyaga
Defendant
Procedural Posture
Land and Environment Case / 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 court determined that the suit had not been prosecuted and no sufficient cause was shown for the delay. Therefore, the suit merited dismissal for want of prosecution.
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
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT CHUKA
CHUKA ELC CASE NO 31 OF 2017
FORMRLY MERU ELC CASE NO.97 OF 2014
DANIEL MWANZEA MWENDWA……………...……………..1ST PLAINTIFF
STEPHENE MBUVI MWENDWA…………………………….2ND PLAINTIFF
CRYMANT MAASAI MWENDWA………………………..……3RD PLAINTIFF
JENNIFER MUTHEO…………………………………………4TH PLAINTIFF
VERSUS
JACKSON MUTHENGI NYAGA………..……………..…..…….DEFENDANT
RULING
1. When the parties were to come to court on 21. 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 21st day of February, 2017 in the presence of:
CA: Ndegwa
Parties present
P.M. NJOROGE
JUDGE