[2017] KEELC 626 (KLR)
The court found that the notice to show cause was properly issued to the parties. Neither the applicants nor the respondents attended court or provided any explanation or justification for the delay in prosecuting the suit. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that...
Source-derived case information.
- Citation
- [2017] KEELC 626 (KLR)
- Parties
- Applicant: Lucy Nkriote Kubai & 2 Others; Respondent: Gilbert Mwachia & 2 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 10 of 2017
- Procedural Posture
- Miscellaneous Application / 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, Failure to Prosecute, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Nkriote Kubai & 2 Others
Applicant
Gilbert Mwachia & 2 Others
Respondent
Procedural Posture
Miscellaneous Application / 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. Neither the applicants nor the respondents attended court or provided any explanation or justification for the delay in prosecuting the suit. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the parties failed to show cause why the suit should not be dismissed for want of prosecution. Consequently, the court exercised its discretion 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.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC MISCELLANEOUS APPLICATION CASE NO. 10 OF 2017
FORMERLY MERU ELC MISCELLANEOUS APPLICATION CASE NO. 52 OF 2014
LUCY NKIROTE KUBAI & 2 OTHERS...............APPLICANTS
VERSUS
GILBERT MWACHIA & 2 OTHERS............RESPONDENTS
RULING
1. When the parties were to come to court on 20. 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 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 20th day of December, 2017 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE