[2016] KEELC 1234 (KLR)
The court found that both parties had demonstrated eagerness and willingness to have the suit heard and determined on its merits. As such, the threshold for dismissal for want of prosecution was not met. The court exercised its discretion under Order 17 of the Civil Procedure Rules and declined to dismiss the suit,...
Source-derived case information.
- Citation
- [2016] KEELC 1234 (KLR)
- Parties
- Plaintiff: Francis Magwanthi IbuA; Defendant: Cypriano Kigorwe
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 72 of 2004
- Procedural Posture
- Civil Suit / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- Suit not dismissed; to proceed to hearing.
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Order 17 Civil Procedure Rules, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Magwanthi IbuA
Plaintiff
Cypriano Kigorwe
Defendant
Procedural Posture
Civil Suit / 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 of the Civil Procedure Rules.
Ratio Decidendi
The court found that both parties had demonstrated eagerness and willingness to have the suit heard and determined on its merits. As such, the threshold for dismissal for want of prosecution was not met. The court exercised its discretion under Order 17 of the Civil Procedure Rules and declined to dismiss the suit, allowing it to proceed to hearing.
Court Disposition
Suit not dismissed; to proceed to hearing.
Orders
- The suit is not dismissed for want of prosecution.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND COURT
ELC CASE NO 72 OF 2004 (OS)
FRANCIS MAGWANTHI IBUA.................................................PLAINTIFF
VERSUS
CYPRIANO KIGORWE...........................................................DEFENDANT
R U L I N G
Notice had been issued for parties to show cause why this suit should not be dismissed for want of prosecution in terms of Order 17 of the Civil Procedure Rules.
Mr. Nyauchi, for the Plaintiff, urged the Court not to dismiss the suit as all the parties were eager to have the suit heard and determined. Mr. Kiogora , holding brief for Mr. Rimita, told the Court that the Defendant would like the suit heard and determined on its merits.
I find that the parties have satisfied this Court that the suit should not be dismissed. In the circumstances, the suit is not dismissed .
It is so ordered.
Delivered in open Court at Meru this 14th day of March, 2016 in the presence of:-
CC: Daniel/Lilian
Baikiara for the Defendant
P.M NJOROGE
JUDGE