[2017] KEHC 7790 (KLR)
The court found that the notice to show cause was properly issued and that neither party attended court to provide reasons against dismissal. In the absence of any cause shown, and in accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit should be dismissed for want of...
Source-derived case information.
- Citation
- [2017] KEHC 7790 (KLR)
- Parties
- Plaintiff: Eustace Nyaga R. Ngatuni & Stephen Ikagi Kang’ethe as Trustees of Jesus Tabernacle Church Chogoria; Defendant: The County Government of Tharaka Nithi; Defendant: The Governor Tharaka Nithi County Government
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 80 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, Failure to Prosecute, Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eustace Nyaga R. Ngatuni & Stephen Ikagi Kang’ethe as Trustees of Jesus Tabernacle Church Chogoria
Plaintiff
The County Government of Tharaka Nithi
Defendant
The Governor Tharaka Nithi County Government
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 notice to show cause was properly issued and that neither party attended court to provide reasons against dismissal. In the absence of any cause shown, and in accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit should be dismissed for want of prosecution. The failure of the parties to take steps to prosecute the matter for a significant period justified the dismissal of the suit.
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
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT CHUKA
CHUKA ELC CASE NO 80 OF 2017
FORMERLY MERU ELC CASE NO.29 OF 2013
EUSTACE NYAGA R. NGATUNI & STEPHEN IKAGI KANG’ETHE AS TRUSTEES OF
JESUS TABERNACLE CHURCH CHOGORIA...........................................PLAINTIFFS
VERSUS
THE COUNTY GOVERNMENT OF THARAKA NITHI........................1ST DEFENDANT
THE GOVERNOR THARAKA NITH COUNTY GOVERNMENT........2ND DEFENDANT
RULING
1. When the parties were to come to court on 22. 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 22nd day of February, 2017 in the presence of:
CA: Ndegwa
Parties absent
P.M. NJOROGE
JUDGE