[2018] KEELC 4867 (KLR)
The court found that no sufficient cause was shown to prevent dismissal of the suit for want of prosecution. The plaintiff's advocate merely indicated the defendant had died and that settlement discussions were ongoing, but no formal application for substitution or evidence of settlement was presented. The court was...
Source-derived case information.
- Citation
- [2018] KEELC 4867 (KLR)
- Parties
- Plaintiff: Danstan Miriti Kamunoi; Defendant: Herodian M’itii M’muketha
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 200 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, Suit Abatement, Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Danstan Miriti Kamunoi
Plaintiff
Herodian M’itii M’muketha
Defendant
Procedural Posture
Land and Property Suit / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether sufficient cause was shown to prevent dismissal of the suit for want of prosecution under Order 17 rule 2(1) of the Civil Procedure Rules.
- 2 Whether the death of the defendant and ongoing settlement discussions constituted sufficient cause to keep the suit alive.
Ratio Decidendi
The court found that no sufficient cause was shown to prevent dismissal of the suit for want of prosecution. The plaintiff's advocate merely indicated the defendant had died and that settlement discussions were ongoing, but no formal application for substitution or evidence of settlement was presented. The court was not satisfied that these circumstances justified keeping the suit alive, and therefore dismissed the suit under 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.
- There is no order as to costs.
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. 200 OF 2017
FORMERLY MERU ELC. 309 OF 2013
DANSTAN MIRITI KAMUNOI………………..…………....PLAINTIFF
VERSUS
HERODIAN M’ITII M’MUKETHA………...……………..DEFENDANT
RULING
1. The parties were to come to court on 17. 1.2018 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. Miss Kiome, representing the plaintiff, told the court that the 1st defendant died on 23. 4.2014 and that the defendant’s children and the plaintiff had intimated that they were exploring a mutual settlement. She also opined that there was a possibility that the matter had been settled. She left it to the court to give its directions.
3. I find that cause has not been shown to the satisfaction of the court that the suit should NOT be dismissed.
4. In the circumstances, the suit is dismissed with no order as to costs.
5. It is so ordered
Delivered in open court at Chuka this 17th day of January, 2018 in the presence of:
CA: Ndegwa
Miss Kiome for the plaintiff
P.M. NJOROGE
JUDGE