[2017] KEHC 1621 (KLR)
The court found that the notice to show cause was properly issued to the parties. Neither party attended court to provide reasons or show cause 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...
Source-derived case information.
- Citation
- [2017] KEHC 1621 (KLR)
- Parties
- Plaintiff: Gebson Gitonga Kaugi; Defendant: Agricultural Finance Corporation; Defendant: Giant Auctioneers
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 130 of 2017
- Procedural Posture
- Civil Suit / 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
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gebson Gitonga Kaugi
Plaintiff
Agricultural Finance Corporation
Defendant
Giant Auctioneers
Defendant
Procedural Posture
Civil Suit / 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 attended court to provide reasons or show cause 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 prosecute the matter 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 the contrary.
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
ELC CASE NO. 130 OF 2017
FORMERLY MERU ELC 26 OF 2010 (OS)
GEBSON GITONGA KAUGI........................................PLAINTIFF
VERSUS
AGRICULTURAL FINANCE CORPORATION....1ST DEFENDANT
GIANT AUCTIONEERS.......................................2ND DEFENDANT
RULING
1. When the parties were to come to court on 14. 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 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 14th day of December, 2017 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE