[2017] KEELC 620 (KLR)
The court found that the notice to show cause was properly issued in accordance with Order 17 Rule 2(1) of the Civil Procedure Rules. Neither the plaintiffs nor the defendant appeared in court to show cause why the suit should not be dismissed for want of prosecution. As a result, the court was satisfied that the...
Source-derived case information.
- Citation
- [2017] KEELC 620 (KLR)
- Parties
- Plaintiff: Justin Gitonga Mbaka & 2 Others; Defendant: Rose Jiamati Kanyaru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 175 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, Case Management, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justin Gitonga Mbaka & 2 Others
Plaintiff
Rose Jiamati Kanyaru
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 in accordance with Order 17 Rule 2(1) of the Civil Procedure Rules. Neither the plaintiffs nor the defendant appeared in court to show cause why the suit should not be dismissed for want of prosecution. As a result, the court was satisfied that the requirements for dismissal had been met and proceeded to dismiss 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
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 175 OF 2017
FORMERLY MERU ELC CASE NO. 41 OF 2014
JUSTIN GITONGA MBAKA & 2 OTHERS...........PLAINTIFFS
VERSUS
ROSE JIAMATI KANYARU.................................DEFENDANT
RULING
1. When the parties were to come to court on 19. 12. 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 December, 2017 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE