[2017] KEELC 996 (KLR)
The court found that no step had been taken in the matter for over four and a half years since the suit was filed, and neither party provided a satisfactory explanation for the delay. The court was not satisfied that any sufficient cause had been shown to prevent dismissal. Therefore, the suit was dismissed for want...
Source-derived case information.
- Citation
- [2017] KEELC 996 (KLR)
- Parties
- Appellant: Daniel Nyaga Ndege; Respondent: Nyaga Matogi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 54 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Notice to Show Cause for 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, Delay in Prosecution, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Nyaga Ndege
Appellant
Nyaga Matogi
Respondent
Procedural Posture
Civil Appeal / 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 no step had been taken in the matter for over four and a half years since the suit was filed, and neither party provided a satisfactory explanation for the delay. The court was not satisfied that any sufficient cause had been shown to prevent dismissal. Therefore, the suit was dismissed for want of prosecution in accordance with Order 17 Rule 2(1) of the Civil Procedure Rules.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CIVIL APPEAL CASE NO 54 OF 2017
FORMERLY MERU ELC MISC APPLICATION CASE NO.36 OF 2013
DANIEL NYAGA NDEGE……………………….APPELLANT
VERSUS
NYAGA MATOGI…………………………......RESPONDENT
RULING
1. Parties came to court on 14. 11. 2017, to show cause why the suit should not be dismissed for want of prosecution in terms of order 17 rule 2(1) of the Civil Procedure Rules.
2. Both parties came to court. The plaintiff told the court that he had left the matter to be handled by his lawyer. The defendant told the court that he was waiting to be summoned by the plaintiff.
3. I note that no step has been taken in this matter since 29th, May, 2013. The matter had not been placed before a judicial officer until a notice was issued for the parties to come to court to show cause why the suit should be dismissed for want of prosecution, 4 ½ years since the suit was filed.
4. I find that no cause has been shown to the satisfaction of the court that this suit should NOT be dismissed.
5. In the circumstances, this suit is dismissed.
6. I issue no order as to costs.
Delivered in open court at Chuka this 14th day of November, 2017 in the presence of:
CA: Ndegwa
Daniel Nyaga Ndege – Appellant
Nyaga Matogi - Respondent
P. M. NJOROGE
JUDGE