Kenya Judgment

Environment and Land Court · Environment and Land Court at Chuka

Francis Kiragu Muriankuru v Daniel Simba [2017] KEELC 372 (KLR)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

The court found that the notice to show cause was properly issued and that neither party appeared to provide reasons against dismissal. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted and there was no justification provided for the delay. 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 for want of prosecution.

02

Material facts

Parties

Francis Kiragu Muriankuru

Plaintiff

Daniel Simba

Defendant

03

Procedural history

  1. Posture

    Land and Property Suit / Ruling on Dismissal for Want of Prosecution

04

Questions and positions

Legal issues

Whether the suit should be dismissed for want of prosecution under Order 17 Rule 2(1) of the Civil Procedure Rules.

Party arguments

Applicant
No arguments were presented as neither party appeared in court to show cause against dismissal.
Respondent
No arguments were presented as neither party appeared in court to show cause against dismissal.

05

Court’s reasoning

  1. 01

    Order 17 Rule 2(1) of the Civil Procedure Rules

    A suit may be dismissed for want of prosecution if parties fail to take steps to prosecute the matter as required by law.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the notice to show cause was properly issued and that neither party appeared to provide reasons against dismissal. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted and there was no justification provided for the delay. Consequently, the court exercised its discretion to dismiss the suit for want of prosecution.

Court disposition

suit dismissed for want of prosecution

  • The suit is dismissed for want of prosecution.

Source and reliance status

Environment and Land Court

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Judgment text

The complete available source text.

Source document

Environment and Land Court

Judgment

[2017] KEELC 372 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC CASE NO. 153 OF 2017

FORMERLY MERU ELC 47 OF 2012

FRANCIS KIRAGU MURIANKURU………..PLAINTIFF

VERSUS

DANIEL SIMBA………………………….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

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Order 17 Rule 2(1) of the Civil Procedure Rules

Legislation

Legislation referenced in the available case record.

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