[2017] KEELC 371 (KLR)
The court found that the notice to show cause was properly issued to the parties. Neither the plaintiff nor the defendant appeared in 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...
Source-derived case information.
- Citation
- [2017] KEELC 371 (KLR)
- Parties
- Plaintiff: Gilbert Joseph Kibunja; Defendant: Julius Mugambi Gacece
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 157 of 2017
- Procedural Posture
- Land and Property / 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, Failure to Prosecute, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gilbert Joseph Kibunja
Plaintiff
Julius Mugambi Gacece
Defendant
Procedural Posture
Land and Property / 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 plaintiff nor the defendant appeared in 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 both parties to take steps to prosecute the matter or to respond to the notice justified 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 ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 157 OF 2017
FORMERLY MERU ELC 107 OF 2012
GILBERT JOSEPH KIBUNJA.........................................PLAINTIFF
VERSUS
JULIUS MUGAMBI GACECE.....................................DEFENDANT
RULING
1. When the parties were to come to court on 29. 11. 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 29th day of November, 2017
in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE