[2017] KEELC 1448 (KLR)
The court found that the notice to show cause was properly issued and that none of the parties appeared in court to show cause why the suit should not be dismissed for want of prosecution. In the absence of any explanation or action from the parties, the court exercised its discretion under Order 17 Rule 2(1) of the...
Source-derived case information.
- Citation
- [2017] KEELC 1448 (KLR)
- Parties
- Applicant: Juliet Muthoni Ntarara; Respondent: District Land Adjudication & Settlement Officer (Meru South); Respondent: Attorney General; Respondent: Celestino Rungu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Petition 4 of 2017
- Procedural Posture
- Constitutional Petition / Ruling on Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Bill of Rights Enforcement, Land Adjudication Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Juliet Muthoni Ntarara
Applicant
District Land Adjudication & Settlement Officer (Meru South)
Respondent
Attorney General
Respondent
Celestino Rungu
Respondent
Procedural Posture
Constitutional Petition / 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 and that none of the parties appeared in court to show cause why the suit should not be dismissed for want of prosecution. In the absence of any explanation or action from the parties, the court exercised its discretion under Order 17 Rule 2(1) of the Civil Procedure Rules and dismissed the suit for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT CHUKA
CHUKA ELC PETITION CASE NO. 6 OF 2017
FORMERLY MERU ELC PETITION CASE NO. 4 OF 2012
IN THE MATTER OF THE CONSTITUTION OF THE REPUBLIC OF KENYA (2010)
AND
IN THE MATTER OF THE VIOLATION OF THE PROVISIONS OF THE BILL OF RIGHTS
AND
IN THE MATTER OF ENFORCEMENT OF THE BILL OF RIGHTS UNDER ARTICLES 22(1), 23 AND 258 OF THE CONSTITUTION OF KENYA, 2010
AND
IN THE MATTER OF RULE 19 OF THE SIXTH SCHEDULE (TRANSITIONAL AND CONSEQUENTIAL PROVISIONS) OF THE CONSTITUTION OF THE REPUBLIC OF KENYA
BETWEEN
JULIET MUTHONI NTARARA........................................................PETITIONER
VERSUS
THE DISTRICT LAND ADJUDICATION & SETTLEMENT
OFFICER (MERU SOUTH)....................................................1ST RESPONDENT
THE ATTORNEY GENERAL................................................2ND RESPONDENT
CELESTINO RUNGU...........................................................3RD RESPONDENT
RULING
1. When the parties were to come to court on 19. 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 19th day of October, 2017 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE