[2017] KEHC 7767 (KLR)
The court found that the plaintiff had demonstrated sufficient cause for the delay in prosecuting the suit, specifically citing the congestion at the Meru registry and the plaintiff's efforts to obtain a hearing date for formal proof. The court was satisfied that the delay was not due to the plaintiff's inaction but...
Source-derived case information.
- Citation
- [2017] KEHC 7767 (KLR)
- Parties
- Plaintiff: James Murithi Kabete; Defendant: John Kanyaru Chabari
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 82 of 2017
- Procedural Posture
- Land and Environment Case / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- Suit not dismissed; to proceed to formal proof.
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Interlocutory Judgment, Formal Proof Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Murithi Kabete
Plaintiff
John Kanyaru Chabari
Defendant
Procedural Posture
Land and Environment Case / Ruling on Notice to Show Cause 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 plaintiff had demonstrated sufficient cause for the delay in prosecuting the suit, specifically citing the congestion at the Meru registry and the plaintiff's efforts to obtain a hearing date for formal proof. The court was satisfied that the delay was not due to the plaintiff's inaction but rather administrative challenges beyond his control. Consequently, the court exercised its discretion not to dismiss the suit for want of prosecution and directed that the matter proceed to formal proof.
Court Disposition
Suit not dismissed; to proceed to formal proof.
Orders
- The suit is not dismissed for want of prosecution.
- Formal proof proceedings to take place on 27th February 2017 at 11:00 am.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT CHUKA
CHUKA ELC CASE NO 82 OF 2017
FORMERLY MERU ELC CASE NO.15 OF 2013
JAMES MURITHI KABETE………………….….PLAINTIFF
VERSUS
JOHN KANYARU CHABARI…….…………....DEFENDANT
RULING
1. Parties were to come to court to show cause why their suit should not be dismissed for want of prosecution in terms of order 17 rule 2 (1) of the Civil Procedure Rules.
2. Mr. Murango Mwenda for the plaintiff was present but the defendant was absent.
3. Mr. Mwenda explained to the court that after the defendant failed to enter an appearance and filed a defence, the plaintiff had an Interlocutory Judgment entered against the defendant way back on 27th June, 2013. He explained that due to congestion at Meru, he was unable to obtain a date for formal proof at the Registry. He told the court that as recently as on 21. 10. 2016 he wrote to the DR, Meru, seeking a date for formal proof hearing.
4. I find that the plaintiff has shown cause to the satisfaction of the court that the suit should NOTbe dismissed.
5. This suit is NOT dismissed.
6. Formal proof proceedings to take place ON 27. 2.2017 AT 11. 00 am.
7. It is so ordered.
Delivered in open court at Chuka this 22nd day of February, 2017 in the presence of:
CA: Ndegwa
Murango Mwenda for the plaintiff
P.M. NJOROGE
JUDGE