[2017] KEELC 694 (KLR)
The court found that the notice to show cause was properly issued and that neither party appeared to provide reasons against dismissal. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the absence of any action or explanation from the parties justified the dismissal of the suit for want of...
Source-derived case information.
- Citation
- [2017] KEELC 694 (KLR)
- Parties
- Plaintiff: Jafford Mugambi Nduru & Another; Defendant: Muranga Bururia
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 177 of 2017
- Procedural Posture
- Civil Case / 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, Case Management, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jafford Mugambi Nduru & Another
Plaintiff
Muranga Bururia
Defendant
Procedural Posture
Civil Case / 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 and that neither party appeared to provide reasons against dismissal. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the absence of any action or explanation from the parties justified the dismissal of the suit for want of prosecution. The court exercised its discretion to dismiss the suit as the parties failed to demonstrate any cause to the contrary.
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
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKKA ELC CASE NO. 177 OF 2017
FORMERLY MERU ELC 268 OF 2013
FORMERLY CHUKA CIVIL CASE NO. 106/2012
JAFFORD MUGAMBI NDURU & ANOTHER.................PLAINTIFFS
VERSUS
MURANGA BURURIA.....................................................DEFENDANT
RULING
1. When the parties were to come to court on 18. 12. 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 18th day of December, 2017
in the absence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE