[2018] KEELC 3437 (KLR)
The court found that the parties failed to attend court and did not show cause why the suit should not be dismissed for want of prosecution. The court was satisfied that the notice to show cause was properly issued. In the absence of any explanation or action from the parties, the court exercised its discretion...
Source-derived case information.
- Citation
- [2018] KEELC 3437 (KLR)
- Parties
- Applicant: Loyford Njagi Mwiandi; Respondent: Antony Murithi M’Ithari; Interested Party: Muthambi Division Land Dispute Tribunal
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Appeal 6 of 2017
- Procedural Posture
- Judicial Review / 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, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Loyford Njagi Mwiandi
Applicant
Antony Murithi M’Ithari
Respondent
Muthambi Division Land Dispute Tribunal
Interested Party
Procedural Posture
Judicial Review / 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 parties failed to attend court and did not show cause why the suit should not be dismissed for want of prosecution. The court was satisfied that the notice to show cause was properly issued. 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 to dismiss the suit for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
- It is so ordered.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC JUDICIAL REVIEW CASE NO. 06 OF 2017
FORMERLY MERU ELC JUDICIAL REVIEW CASE NO. 42 OF 2011
LOYFORD NJAGI MWIANDI..........................................EX-PARTE APPLICANT
VERSUS
ANTONY MURITHI M’ITHARI.........................................................RESPONDENT
MUTHAMBI DIVISION LAND DISPUTE TRIBUNAL......INTERESTED PARTY
RULING
1. When the parties were to come to court on 10. 05. 2018 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 17rule 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 10th day of May, 2018 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE