[2017] KEELC 2292 (KLR)
The court found that the parties, despite being given several opportunities, failed to appear or show cause why the appeal should not be dismissed. The appeal had not been set down for hearing within the stipulated time. Consequently, the court exercised its discretion to dismiss the appeal for want of prosecution,...
Source-derived case information.
- Citation
- [2017] KEELC 2292 (KLR)
- Parties
- Appellant: Kamwara Rugia; Respondent: Mukwanduga Njeru Ngendau; Respondent: Daniel Kauro Mucee; Respondent: Joel Maimbo alias Mukaraku; Respondent: Cyprian Maruki
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 127 of 2015
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Appeal Dismissal, Want of Prosecution, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kamwara Rugia
Appellant
Mukwanduga Njeru Ngendau
Respondent
Daniel Kauro Mucee
Respondent
Joel Maimbo alias Mukaraku
Respondent
Cyprian Maruki
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.
Ratio Decidendi
The court found that the parties, despite being given several opportunities, failed to appear or show cause why the appeal should not be dismissed. The appeal had not been set down for hearing within the stipulated time. Consequently, the court exercised its discretion to dismiss the appeal for want of prosecution, in accordance with the applicable procedural rules.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is hereby dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC [CA] CASE NO 127 OF 2017
FORMERLY MERU ELC [CA] CASE NO. 31 OF 2015
KAMWARA RUGIA……………....…..………………. APPELLANT
VERSUS
MUKWANDUGA NJERU NGENDAU ………....… 1ST RESPONDENT
DANIEL KAURO MUCEE……………………..….2ND RESPONDENT
JOEL MAIMBO ALIAS MUKARAKU …………..3RD RESPONDENT
CYPRIAN MARUKI………………………......……4TH RESPONDENT
RULING
1. Parties were required on several occasions to appear in court to show why the appeal should not be dismissed.
2. Parties have not shown cause why the suit should not be dismissed.
3. This suit having been referred to me upon notice on the parties and the appeal having not been set down for hearing within the stipulated time THIS APPEAL is hereby DISMISSED.
4. It is so ordered.
Delivered in open court at Chuka this 18th day of July, 2017 in the presence of:
CA: Ndegwa
Parties not present
P.M. NJOROGE
JUDGE