[2018] KEELC 4827 (KLR)
The court found that proper notice to show cause was issued to the parties as required by Order 17 Rule 2(1) of the Civil Procedure Rules. Neither party appeared in court to provide reasons or take steps to prosecute the suit. The court was satisfied that the requirements for dismissal for want of prosecution were...
Source-derived case information.
- Citation
- [2018] KEELC 4827 (KLR)
- Parties
- Plaintiff: Mary Kaari Njeru; Defendant: Eustace Njeru Murucha
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 178 of 2017
- Procedural Posture
- Land and Property / 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 1, Failure to Prosecute, Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Kaari Njeru
Plaintiff
Eustace Njeru Murucha
Defendant
Procedural Posture
Land and Property / 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 proper notice to show cause was issued to the parties as required by Order 17 Rule 2(1) of the Civil Procedure Rules. Neither party appeared in court to provide reasons or take steps to prosecute the suit. The court was satisfied that the requirements for dismissal for want of prosecution were met, and therefore, the suit was dismissed.
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
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 178 OF 2017
FORMERLY MERU ELC. 170 OF 2013
MARY KAARI NJERU............................................PLAINTIFF
VERSUS
EUSTACE NJERU MURUCHA......................DEFENDANT
RULING
1. When the parties were to come to court on 18. 1.2018 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 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 18th day of January, 2018
in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE