[2018] KEELC 3416 (KLR)
The court found that the notice to show cause was properly issued to the parties. Neither party appeared in court nor provided any reason or argument to prevent the dismissal of the suit. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted...
Source-derived case information.
- Citation
- [2018] KEELC 3416 (KLR)
- Parties
- Applicant: Rev. Eustace Ndeke Kamundi & 125 Others; Respondent: Meru South County Council
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Appeal 07 of 2017
- Procedural Posture
- Judicial Review / 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, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rev. Eustace Ndeke Kamundi & 125 Others
Applicant
Meru South County Council
Respondent
Procedural Posture
Judicial Review / 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 the notice to show cause was properly issued to the parties. Neither party appeared in court nor provided any reason or argument to prevent the dismissal of the suit. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted and that there was no justification provided for its continuation. Consequently, the court exercised its discretion to dismiss the suit for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC JUDICIAL REVIEW CASE NO. 07 OF 2017
FORMERLY MERU ELC JUDICIAL REVIEW CASE NO. 09 OF 2012
REV. EUSTACE NDEKE KAMUNDI & 125 OTHERS…......PETITIONERS
VERSUS
MERU SOUTH COUNTY COUNCIL…………....................RESPONDENT
RULING
1. When the parties were to come to court on 10. 05. 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 17rule 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 10th day of May, 2018 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE