[2017] KEELC 1563 (KLR)
The court found that the plaintiff failed to show sufficient cause why the suit should not be dismissed for want of prosecution. The only explanation offered was that the defendant was deceased and substitution was being considered, but no evidence or details were provided regarding the date of death or steps taken...
Source-derived case information.
- Citation
- [2017] KEELC 1563 (KLR)
- Parties
- Plaintiff: John Muchiri M’Baibua; Defendant: John Kamuka Rukwaro
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 124 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Notice to Show Cause for 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, Substitution of Deceased Party
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Muchiri M’Baibua
Plaintiff
John Kamuka Rukwaro
Defendant
Procedural Posture
Land and Property Suit / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
Legal Issues
- 1 Whether sufficient cause was shown to prevent dismissal of the suit for want of prosecution.
- 2 Whether the plaintiff had taken steps to substitute the deceased defendant in accordance with the law.
Ratio Decidendi
The court found that the plaintiff failed to show sufficient cause why the suit should not be dismissed for want of prosecution. The only explanation offered was that the defendant was deceased and substitution was being considered, but no evidence or details were provided regarding the date of death or steps taken to substitute the defendant. The court was not satisfied that any meaningful action had been taken to progress the suit or comply with the procedural requirements for substitution. Consequently, the suit was dismissed for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT CHUKA
CHUKA ELC CASE NO. 124 OF 2017
FORMERLY MERU ELC CASE NO.128 OF 2010 (OS)
JOHN MUCHIRI M’BAIBUA ……………………........PLAINTIFF
VERSUS
JOHN KAMUKA RUKWARO…………………...….DEFENDANT
RULING
1. Notice was issued and given to the parties to come to court to show cause why the suit should not be dismissed for want of prosecution in terms of order 17 Rule 2(1) of the Civil Procedure Rules.
2. Cause was to be shown on 12. 10. 2017
3. On 12. 10. 2017, Mr. Majau, holding brief for B.G. Kariuki for the plaintiff told the court that the defendant was deceased and that the plaintiff was in the process of substituting the deceased defendants. He did not tell the court when the plaintiff died or if the suit against the defendant had abated.
4. I find that no cause has been shown to the satisfaction of the court that the suit should not be dismissed.
5. In the circumstances, this suit is dismissed.
6. No costs are awarded.
7. 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