[2017] KEELC 1472 (KLR)
The court found that the parties had been duly notified to appear and show cause why the suit should not be dismissed for want of prosecution, but neither party attended court on the scheduled date. In the absence of any explanation or action from the parties, and in accordance with Order 17 Rule 2(1) of the Civil...
Source-derived case information.
- Citation
- [2017] KEELC 1472 (KLR)
- Parties
- Plaintiff: Elisues Njoka; Defendant: Murangiri Ngera; Defendant: Justine Mutegi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 111 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, Land Dispute, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elisues Njoka
Plaintiff
Murangiri Ngera
Defendant
Justine Mutegi
Defendant
Procedural Posture
Land and Property Suit / 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 had been duly notified to appear and show cause why the suit should not be dismissed for want of prosecution, but neither party attended court on the scheduled date. In the absence of any explanation or action from the parties, and in accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted and therefore merited dismissal. The court exercised its discretion to dismiss the suit for want of prosecution as the statutory requirements had been met and no cause was shown to the contrary.
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
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT CHUKA
CHUKA ELC CASE NO 111 OF 2017
FORMERLY MERU ELC CASE NO.156 OF 2009
ELISUES NJOKA……………………………………………….…..PLAINTIFF
VERSUS
MURANGIRI NGERA ……………………………………….1ST DEFENDANT
JUSTINE MUTEGI…………………………………………..2ND DEFENDANT
RULING
1. When the parties were to come to court on 18. 10. 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 18th day of October, 2017 in the presence of:
CA: Ndegwa
Parties absent
P.M. NJOROGE
JUDGE