[2017] KEELC 2322 (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 42 Rule 35(2) of the Civil Procedure Rules, the court determined that the appeal had not been prosecuted and that there was no justification provided for...
Source-derived case information.
- Citation
- [2017] KEELC 2322 (KLR)
- Parties
- Appellant: John Nyaga Njeru; Respondent: Ndaka Bauni
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 85 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Appeals Process, Order 42 Rule 35, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Nyaga Njeru
Appellant
Ndaka Bauni
Respondent
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution under Order 42 Rule 35(2) 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 42 Rule 35(2) of the Civil Procedure Rules, the court determined that the appeal had not been prosecuted and that there was no justification provided for the delay. Consequently, the court exercised its discretion to dismiss the appeal for want of prosecution.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal 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 [CA] CASE NO 85 OF 2017
FORMERLY MERU ELC [CA] CASE NO. 78 OF 2013
JOHN NYAGA NJERU...........................APPELLANT
VERSUS
NDAKA BAUNI...................................RESPONDENT
RULING
1. When the parties were to come to court on 18. 7.2017 to show cause why this suit should not be dismissed for want of prosecution in terms of order 42 rule 35(2) 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 Appeal should not be dismissed for want of prosecution in terms of Order 42 Rule 35 (2) 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 July, 2017 in the presence of:
CA: Ndegwa
Parties absent
P.M. NJOROGE
JUDGE