[2017] KEELC 998 (KLR)
The court found that proper notice to show cause was issued to the parties as required by Order 17 Rule 2(1) of the Civil Procedure Rules. Neither party appeared in court to show cause why the suit should not be dismissed. The court was satisfied that the requirements for dismissal for want of prosecution were met,...
Source-derived case information.
- Citation
- [2017] KEELC 998 (KLR)
- Parties
- Plaintiff: Florence Wanja Njeru; Defendant: Mbabu Kanyama; Defendant: Oderine Wanja Munene
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 159 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
Florence Wanja Njeru
Plaintiff
Mbabu Kanyama
Defendant
Oderine Wanja Munene
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 proper notice to show cause was issued to the parties as required by Order 17 Rule 2(1) of the Civil Procedure Rules. Neither party appeared in court to show cause why the suit should not be dismissed. The court was satisfied that the requirements for dismissal for want of prosecution were met, and therefore dismissed the suit for want of prosecution.
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
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 159 OF 2017
FORMERLY MERU ELC 44 OF 2012
FLORENCE WANJA NJERU...........................................PLAINTIFF
VERSUS
MBABU KANYAMA..............................................1ST DEFENDANT
ODERINE WANJA MUNENE................................2ND DEFENDANT
RULING
1. When the parties were to come to court on 29. 11. 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 29th day of November, 2017 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE