[2017] KEELC 699 (KLR)
The court found that the notice to show cause was properly issued to the parties. Neither the applicant nor the respondents appeared in court or provided any explanation or justification for the delay in prosecuting the suit. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined...
Source-derived case information.
- Citation
- [2017] KEELC 699 (KLR)
- Parties
- Applicant: Fredrick Mutegi Thara; Respondent: M’Arimi M’Athara & 2 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 11 of 2017
- Procedural Posture
- Miscellaneous Application / 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, Suit Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick Mutegi Thara
Applicant
M’Arimi M’Athara & 2 Others
Respondent
Procedural Posture
Miscellaneous Application / 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 the applicant nor the respondents appeared in court or provided any explanation or justification for the delay in prosecuting the suit. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the failure of the parties to show cause warranted dismissal of the suit for want of prosecution. The court exercised its discretion to dismiss the suit, emphasizing the importance of timely prosecution of cases and adherence to procedural rules.
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 MISCELLANEOUS APPLICATION CASE NO. 11 OF 2017
FORMERLY MERU ELC MISCELLANEOUS APPLICATION CASE NO. 21 OF 2014
FREDRICK MUTEGI THARA......................................APPLICANT
VERSUS
M’ARIMI M’ATHARA & 2 OTHERS..................RESPONDENTS
RULING
1. When the parties were to come to court on 20. 12. 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 17rule 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 20th day of December, 2017 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE