[2017] KEHC 7583 (KLR)
The court found that the notice to show cause was properly issued to the parties, but none of the parties attended court to provide reasons against dismissal. In the absence of any cause shown, and in accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court was satisfied that the requirements for...
Source-derived case information.
- Citation
- [2017] KEHC 7583 (KLR)
- Parties
- Plaintiff: Susy Ciamwari Eustace; Defendant: Kithinji Njoka; Defendant: Murith Njoka; Defendant: Mutembei Njoka
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 07 of 2017
- Procedural Posture
- Civil Suit / 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
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susy Ciamwari Eustace
Plaintiff
Kithinji Njoka
Defendant
Murith Njoka
Defendant
Mutembei Njoka
Defendant
Procedural Posture
Civil Suit / 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 none of the parties attended court to provide reasons against dismissal. In the absence of any cause shown, and in accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court was satisfied that the requirements for dismissal for want of prosecution were met. The suit was therefore dismissed for want of prosecution.
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
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT CHUKA
CHUKA ELC CASE NO. 07 OF 2017
FORMERLY MERU ELC CASE NO. 35 OF 2015
SUSY CIAMWARI EUSTACE………………….......…………..….PLAINTIFF
VERSUS
KITHINJI NJOKA…………………....……………………….1ST DEFENDANT
MURITH NJOKA……………………………………………..2ND DEFENDANT
MUTEMBEI NJOKA…………….……………………………3RD DEFENDANT
RULING
1. When the parties were to come to court on 28. 2.2017 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 28th day of February, 2017 in the presence of:
CA: Ndegwa
Parties - absent
P.M. NJOROGE
JUDGE