[2017] KEELC 1565 (KLR)
The court found that the plaintiff failed to attend court and did not show any cause as to why the suit should not be dismissed for want of prosecution. The defendant supported the dismissal and indicated that the underlying loan account had been settled. The court, therefore, exercised its discretion to dismiss the...
Source-derived case information.
- Citation
- [2017] KEELC 1565 (KLR)
- Parties
- Plaintiff: Francis Ntwiki Mukui; Defendant: Kenya Industrial Estates Ltd
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 125 of 2017
- Procedural Posture
- Land and Property / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- Suit dismissed for want of prosecution. No order as to costs.
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Loan Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Francis Ntwiki Mukui
Plaintiff
Kenya Industrial Estates Ltd
Defendant
Procedural Posture
Land and Property / 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.
- 2 Whether any cause was shown by the plaintiff to prevent dismissal.
Ratio Decidendi
The court found that the plaintiff failed to attend court and did not show any cause as to why the suit should not be dismissed for want of prosecution. The defendant supported the dismissal and indicated that the underlying loan account had been settled. The court, therefore, exercised its discretion to dismiss the suit for want of prosecution, finding no justification to keep the matter pending.
Court Disposition
Suit dismissed for want of prosecution. No order as to costs.
Orders
- The suit is dismissed for want of prosecution.
- No costs are awarded.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT CHUKA
CHUKA ELC CASE NO 125 OF 2017
FORMRLY MERU ELC CASE NO. 88 OF 2010
FRANCIS NTWIKI MUKUI……………..…..PLAINTIFF
VERSUS
KENYA INDUSTRIAL ESTATES LTD……DEFENDANT
RULING
1. This matter was coming to court for parties to show cause why the suit should not be dismissed for want of prosecution.
2. Apposite notices had been properly given to the parties.
3. The plaintiff did not attend court.
4. The defendant through a letter signed by Charity Ndeke, Assistant Manager Legal services, informed the court that it supported dismissal. It also informed the court that the apposite loan account had been settled.
5. I find that no cause has been shown to the satisfaction of the court that the suit should not be dismissed.
6. No costs are awarded.
7. It is so ordered.
Delivered in open court at Chuka this 12th day of October, 2017 in the presence of:
CA: Ndegwa
Purity Thuranira for the defendant
P.M. NJOROGE
JUDGE