[2017] KEELC 1046 (KLR)
The court found that the notice to show cause was properly issued to the parties. Neither party 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...
Source-derived case information.
- Citation
- [2017] KEELC 1046 (KLR)
- Parties
- Plaintiff: James Gaichu Nkirani; Defendant: Ayub Mucheke Murigo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 160 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, Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Gaichu Nkirani
Plaintiff
Ayub Mucheke Murigo
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 party 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 the parties to attend and prosecute the matter 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 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
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 160 OF 2017
FORMERLY MERU ELC. 63 OF 2012(OS)
JAMES GAICHU NKIRANI……………………PLAINTIFF
VERSUS
AYUB MUCHEKE MURIGO……….………DEFENDANT
RULING
1. When the parties were to come to court on 23. 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 23rd day of November, 2017.
in the presence of:
CA: Ndegwa
Parties absent
P.M. NJOROGE
JUDGE