[2017] KEHC 7855 (KLR)
The court found that the notice to show cause was properly issued and that neither party appeared to show cause why the suit should not be dismissed. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted and that there was no justification...
Source-derived case information.
- Citation
- [2017] KEHC 7855 (KLR)
- Parties
- Plaintiff: Lisbeth Njeri; Defendant: Alexander Kanampiu Magiri; Defendant: Church of God in East Africa (Gitwaka) through the elected officials; Defendant: Nancy Gatwiri Edward
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 37 of 2017
- Procedural Posture
- Land and Environment Case / Ruling on Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- 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
Lisbeth Njeri
Plaintiff
Alexander Kanampiu Magiri
Defendant
Church of God in East Africa (Gitwaka) through the elected officials
Defendant
Nancy Gatwiri Edward
Defendant
Procedural Posture
Land and Environment Case / 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 neither party appeared to show cause why the suit should not be dismissed. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted and that there was no justification provided for the delay. Therefore, the suit was dismissed 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
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT CHUKA
CHUKA ELC CASE NO.37 OF 2017
FORMERLY MERU ELC CASE NO. 87 OF 2014
LISBETH NJERI…….……………………................………………….…PLAINTIFF
VERSUS
ALEXANDER KANAMPIU MAGIRI …………........…………….1ST DEFENDANT
CHURCH OF GOD IN EAST AFRICA (GITWAKA)
THROUGH THE ELECTED OFFICIALS ……….…………... 2ND DEFENDANT
NANCY GATWIRI EDWARD……………..…………………....3RD DEFENDANT
RULING
1. When the parties were to come to court on 15. 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 15th day of February, 2017 in the presence of:
CA: Ndegwa
Plaintiff – absent
Defendants – absent
P.M. NGOROGE
JUDGE