[2020] KEELC 433 (KLR)
The court found that despite proper notice being issued on two occasions for the parties to attend court and show cause why the suit should not be dismissed for want of prosecution, neither party appeared nor provided any explanation. In the absence of any cause being shown to the satisfaction of the court, and...
Source-derived case information.
- Citation
- [2020] KEELC 433 (KLR)
- Parties
- Applicant: Mbaka Rithi; Applicant: Njagi Rithi; Respondent: Veronica Wanjiru Ngahu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 02 of 2020
- Procedural Posture
- Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Legal Topics
- Dismissal for Want of Prosecution, Order 17 Rule 2, Suit Management, Court Attendance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mbaka Rithi
Applicant
Njagi Rithi
Applicant
Veronica Wanjiru Ngahu
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 of the Civil Procedure Rules.
Ratio Decidendi
The court found that despite proper notice being issued on two occasions for the parties to attend court and show cause why the suit should not be dismissed for want of prosecution, neither party appeared nor provided any explanation. In the absence of any cause being shown to the satisfaction of the court, and pursuant to Order 17 Rule 2 of the Civil Procedure Rules, the court determined that the suit should be dismissed for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC MISCELLANEOUS CIVIL CASE NO. 02 OF 2020
MBAKA RITHI..................................................................1ST APPLICANT
NJAGI RITHI....................................................................2ND APPLICANT
VERSUS
VERONICA WANJIRU NGAHU.....................................RESPONDENT
RULING
1. On 2nd June, 2020 this court directed that Notice be issued for parties to come to court on 19/10/2020 to show cause why this should not be dismissed for want of prosecution in terms of the provision of Order 17 Rule 2 of the Civil Procedure Rules.
2. Despite Notice having been properly given, the parties did not come to court.
3. On 19/10/2020, this court directed that Notice be issued for the parties to come to court on 24/11/2020 to show cause why the suit should not be dismissed for want of prosecution in terms of the provision of Order 17 Rule 2 of the Civil Procedure Rules.
4. Once again, despite notice having been given, the parties did not come to court.
5. I find that no cause has been shown to the satisfaction of this court that this suit should not be dismissed.
6. In the circumstances, this suit is dismissed.
7. I issue no order as to costs.
Delivered in open Court at Chuka this 1st day of December, 2020 in the presence of;
CA: Ndegwa
Parties/Advocates Absent.
P. M. NJOROGE,
JUDGE.