[2017] KEELC 1357 (KLR)
The court found that the notice to show cause was properly issued to the parties, but neither party 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 failure of the...
Source-derived case information.
- Citation
- [2017] KEELC 1357 (KLR)
- Parties
- Plaintiff: Joseck R. Mwogirwa; Defendant: Peter Kinyua
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 246 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
Joseck R. Mwogirwa
Plaintiff
Peter Kinyua
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, but neither party 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 failure of the parties to take steps to prosecute the matter or to attend court in response to the notice justified dismissal of the suit. The court exercised its discretion to dismiss the suit for want of prosecution, as there was no explanation or cause shown by the parties to warrant the suit remaining on the court's record.
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 246 OF 2017
FORMERLY MERU ELC CASE NO. 86 OF 2013
JOSECK R. MWOGIRWA……………………………………….…....PLAINTIFF
VERSUS
PETER KINYUA……………………………………………...…….DEFENDANT
RULING
1. When the parties were to come to court on 24. 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 24th day of October, 2017 in the presence of:
CA: Ndegwa
Parties absent
P.M. NJOROGE
JUDGE