[2018] KEELC 4823 (KLR)
The court found that proper notice to show cause had been issued to the parties as required by Order 17 Rule 2(1) of the Civil Procedure Rules. Neither the plaintiff nor the defendants appeared in court to provide reasons or arguments against the dismissal of the suit for want of prosecution. The absence of any...
Source-derived case information.
- Citation
- [2018] KEELC 4823 (KLR)
- Parties
- Plaintiff: Hillary Kibaara Njagi; Defendant: Siluiyah Muiti Gitari & Another
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 182 of 2017
- Procedural Posture
- Land and Property 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 1, Failure to Prosecute, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hillary Kibaara Njagi
Plaintiff
Siluiyah Muiti Gitari & Another
Defendant
Procedural Posture
Land and Property 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 proper notice to show cause had been issued to the parties as required by Order 17 Rule 2(1) of the Civil Procedure Rules. Neither the plaintiff nor the defendants appeared in court to provide reasons or arguments against the dismissal of the suit for want of prosecution. The absence of any action or explanation from the parties led the court to conclude that there was no justification to keep the suit alive. Consequently, the court exercised its discretion to dismiss the suit for want of prosecution in accordance with the 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
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 182 OF 2017
FORMERLY MERU ELC. 118 OF 2013
HILLARY KIBAARA NJAGI……....…….PLAINTIFF
VERSUS
SILUIAH MUITI GITARI & ANO……. DEFENDANTS
RULING
1. When the parties were to come to court on 17. 1.2018 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 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 17th day of January, 2018 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE