[2017] KEELC 1955 (KLR)
The court found that the notice to show cause was properly issued and that neither party attended court to provide reasons against dismissal. In the absence of any cause shown, and in accordance with Order 42 Rule 35(2) of the Civil Procedure Rules, the court exercised its discretion to dismiss the appeal for want...
Source-derived case information.
- Citation
- [2017] KEELC 1955 (KLR)
- Parties
- Appellant: Luka Gitabi; Respondent: Musa Njeru Kiraria
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 84 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Appeals Process, Order 42 Rule 35, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Luka Gitabi
Appellant
Musa Njeru Kiraria
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 under Order 42 Rule 35(2) of the Civil Procedure Rules.
Ratio Decidendi
The court found that the notice to show cause was properly issued and that neither party attended court to provide reasons against dismissal. In the absence of any cause shown, and in accordance with Order 42 Rule 35(2) of the Civil Procedure Rules, the court exercised its discretion to dismiss the appeal for want of prosecution. The failure of both parties to attend or take steps to prosecute the appeal justified the dismissal.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution.
- It is so ordered.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC [CA] CASE NO 84 OF 2017
FORMERLY MERU ELC [CA] CASE NO. 75 OF 2013
LUKA GITABI……....…….……… APPELLANT
VERSUS
MUSA NJERU KIRARIA ………RESPONDENT
RULING
1. When the parties were to come to court on 17. 7.2017 to show cause why this suit should not be dismissed for want of prosecution in terms of order 42 rule 35(2) 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 Appeal should not be dismissed for want of prosecution in terms of Order 42 Rule 35 (2) 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 17th day of July, 2017 in the presence of:
CA: Ndegwa
Parties -absent
P.M. NJOROGE
JUDGE