[2018] KEELC 4814 (KLR)
The court found that the plaintiff had demonstrated sufficient cause through the Replying Affidavit as to why the suit should not be dismissed for want of prosecution. The court exercised its discretion under Order 17 Rule 2(1) of the Civil Procedure Rules to allow the suit to proceed, emphasizing the importance of...
Source-derived case information.
- Citation
- [2018] KEELC 4814 (KLR)
- Parties
- Plaintiff: Mbaka Kathuni; Defendant: Basilio Mwiathi Mugo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 161 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- Suit not dismissed; directions issued for compliance and hearing date set.
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Order 17 Rule 2, Case Management, Compliance With Pretrial Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mbaka Kathuni
Plaintiff
Basilio Mwiathi Mugo
Defendant
Procedural Posture
Land and Property Suit / Ruling on Notice to Show Cause for 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.
- 2 Whether the plaintiff has shown sufficient cause to prevent dismissal of the suit.
Ratio Decidendi
The court found that the plaintiff had demonstrated sufficient cause through the Replying Affidavit as to why the suit should not be dismissed for want of prosecution. The court exercised its discretion under Order 17 Rule 2(1) of the Civil Procedure Rules to allow the suit to proceed, emphasizing the importance of hearing matters on their merits where plausible reasons for delay are provided. The court further issued directions for compliance with pretrial procedures to facilitate the expeditious hearing of the suit.
Court Disposition
Suit not dismissed; directions issued for compliance and hearing date set.
Orders
- This suit is not dismissed.
- The plaintiff is to fully comply with Order 11, Civil Procedure Rules, within 14 days.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 161 OF 2017
FORMERLY MERU ELC. 111 OF 2012
MBAKA KATHUNI...........................................PLAINTIFF
VERSUS
BASILIO MWIATHI MUGO...........................DEFENDANT
RULING
1. Parties were to come to court today 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.
2. Miss Kiome, for the plaintiff, referred the court to a Replying Affidavit sworn by Mbaka Kathuni, the plaintiff, on 26th January, 2018. She told the court that the affidavit contained reasons why the suit should not be dismissed BUTinstead be heard on its merits.
3. I am satisfied that the plaintiff has shown cause why the suit should not be dismissed.
4. In the circumstances, the suit is NOT dismissed. It is ordered as follows:
(a) This suit is not dismissed.
(b) The plaintiff is to fully comply with Order 11, CPR, within 14 days of today.
(c) The defendant to fully comply with order 11, CPR, within 30 days after receipt of the plaintiff’s remaining compliance documents or all of them, as the case may be.
(d) The plaintiff to serve the orders issued by the court today upon the defendant’s advocate, Mr. Kijaru, within 14 days.
(e) Suit to be heard on 30. 4.2018
5. It is so ordered.
Delivered in open court at Chuka this 29th day of January, 2018 in the presence of:
CA: Ndegwa
Miss Kiome for the plaintiff
P.M. NJOROGE
JUDGE