[2017] KEELC 1517 (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 provide reasons 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...
Source-derived case information.
- Citation
- [2017] KEELC 1517 (KLR)
- Parties
- Plaintiff: John Kirigu Kithiira; Defendant: Robert Muriungi Jeremiah
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 68 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, Failure to Prosecute, Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Kirigu Kithiira
Plaintiff
Robert Muriungi Jeremiah
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 provide reasons 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 show cause and, therefore, the suit merited dismissal. The court exercised its discretion to dismiss the suit due to inactivity and lack of prosecution by the parties.
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 OF KENYA AT CHUKA
CHUKA ELC CASE NO. 68 OF 2017
FORMERLY MERU ELC CASE NO.90 OF 2015
JOHN KIRIGU KITHIIRA....................................PLAINTIFF
VERSUS
ROBERT MURIUNGI JEREMIAH.................DEFENDANT
RULING
1. When the parties were to come to court on 12. 10. 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 12th day of October, 2017 in the presence of:
CA: Ndegwa
Parties not in court
P. M. NJOROGE
JUDGE