[2017] KEELC 3103 (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 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...
Source-derived case information.
- Citation
- [2017] KEELC 3103 (KLR)
- Parties
- Plaintiff: Ishboseth Kanampiu; Defendant: Peter Mugendi Borana
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 88 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, Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ishboseth Kanampiu
Plaintiff
Peter Mugendi Borana
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 the notice to show cause was properly issued to the parties. Neither the plaintiff nor the defendant appeared in court to 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 parties had failed to take any steps to prosecute the matter and had not provided any justification for the delay. Consequently, 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
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 88 OF 2017
FORMERLY MERU ELC CASE NO.100 OF 2000
ISHBOSETH KANAMPIU…………..…PLAINTIFF
VERSUS
PETER MUGENDI BORANA……….DEFENDANT
RULING
1. When the parties were to come to court on 15. 3.2017 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 15th day of March, 2017 in the presence of:
CA: Ndegwa
Parties - absent
P.M. NJOROGE
JUDGE