[2017] KEHC 7784 (KLR)
The court found that the notice to show cause was properly issued to the parties. Neither party appeared in court to provide reasons why the suit should not be dismissed for want of prosecution. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the failure of the parties...
Source-derived case information.
- Citation
- [2017] KEHC 7784 (KLR)
- Parties
- Plaintiff: Francis Nyamu Kagwima; Defendant: Tarsilla Kariithi
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 75 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, Case Management, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Nyamu Kagwima
Plaintiff
Tarsilla Kariithi
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 to the parties. Neither party appeared in court to provide reasons why the suit should not be dismissed for want of prosecution. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the failure of the parties to attend and show cause justified the dismissal of the suit. The court exercised its discretion to dismiss the suit for want of prosecution, as no sufficient cause was shown to warrant its continuation.
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 HIGH COURT OF KENYA AT CHUKA
CHUKA ELC CASE NO 75 OF 2017
FORMERLY MERU ELC CASE NO.41 OF 2013
FRANCIS NYAMU KAGWIMA……………….....PLAINTIFF
VERSUS
TARSILLA KARIITHI……………………...….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