[2018] KEELC 3431 (KLR)
The court found that the parties failed to attend court and did not show cause why the suit should not be dismissed for want of prosecution as required under Order 17 Rule 2(1) of the Civil Procedure Rules. The notice to show cause was properly issued, and in the absence of any explanation or attendance by the...
Source-derived case information.
- Citation
- [2018] KEELC 3431 (KLR)
- Parties
- Applicant: Gerrald Njue M’Muga; Respondent: The Chairman Meru South Land Disputes Tribunal & Another; Interested Party: Lucy Maitha Njiru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 3 of 2017
- Procedural Posture
- Judicial Review / 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 Civil Procedure Rules, Judicial Review Proceedings, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gerrald Njue M’Muga
Applicant
The Chairman Meru South Land Disputes Tribunal & Another
Respondent
Lucy Maitha Njiru
Interested Party
Procedural Posture
Judicial Review / 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 parties failed to attend court and did not show cause why the suit should not be dismissed for want of prosecution as required under Order 17 Rule 2(1) of the Civil Procedure Rules. The notice to show cause was properly issued, and in the absence of any explanation or attendance by the parties, the court exercised its discretion to dismiss the suit for want of prosecution.
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
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC JUDICIAL REVIEW CASE NO. 03 OF 2017
FORMERLY MERU ELC JUDICIAL REVIEW CASE NO. 23 OF 2010
GERRALD NJUE M’MUGA....................APPLICANT
VERSUS
THE CHAIRMAN MERU SOUTH LAND
DISPUTESTRIBUNAL & ANO........RESPONDENTS
LUCY MAITHA NJIRU.............INTERESTED PARTY
RULING
1. When the parties were to come to court on 10. 05. 2018 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 10th day of May, 2018 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE