[2017] KEELC 3070 (KLR)
The court found that neither party had shown cause why the suit should not be dismissed for want of prosecution as required by Order 17 Rule 2(1) of the Civil Procedure Rules. The appellant failed to attend court or provide any explanation for the delay in prosecuting the suit. The respondent's counsel applied for...
Source-derived case information.
- Citation
- [2017] KEELC 3070 (KLR)
- Parties
- Appellant: Jacob Njeru Karuku; Respondent: Njagi Njuguna
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 14 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Legal Topics
- Dismissal for Want of Prosecution, Order 17 Rule 2, Appeals in Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Njeru Karuku
Appellant
Njagi Njuguna
Respondent
Procedural Posture
Civil Appeal / 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).
Ratio Decidendi
The court found that neither party had shown cause why the suit should not be dismissed for want of prosecution as required by Order 17 Rule 2(1) of the Civil Procedure Rules. The appellant failed to attend court or provide any explanation for the delay in prosecuting the suit. The respondent's counsel applied for dismissal. The court, agreeing with the respondent's counsel and noting the absence of any cause shown, 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 [C.A] CASE NO 14 OF 2017
FORMERLY MERU ELC [CA] NO. 1 OF 2011
JACOB NJERU KARUKU.................................................APPELLANT
VERSUS
NJAGI NJUGUNA..........................................................RESPONDENT
RULING
1. The parties were to come to court on 5. 4.2017 to show cause why the suit should not be dismissed for want of prosecution in terms of order 17 rule 2(1).
2. Mr. Mark Muriithi holding brief for the Respondent asked the court to dismiss the suit as the appellant had not come to court to show cause why the suit should not be dismissed.
3. I agree with Mr. Muriithi that the parties have not shown cause why the suit should not be dismissed.
4. Consequently, this suit is dismissed.
5. It is so ordered.
Delivered in open court at Chuka this 5th day of April, 2017 in the presence of:
CA: Ndegwa
Mark Muriithi h/b Njeru Ithiga for the Respondent
P. M. NJOROGE,
JUDGE.