[2018] KEELC 3452 (KLR)
The court found that the notice to show cause was properly issued and that neither party appeared to show cause why the suit should not be dismissed. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted and therefore merited dismissal for want...
Source-derived case information.
- Citation
- [2018] KEELC 3452 (KLR)
- Parties
- Applicant: M’Muchiri Mukindia; Respondent: Chairperson Muthambi Division Land Dispute Tribunal Court & Another; Interested Party: Josphine Mary Gaji & Another
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 02 of 2010
- Procedural Posture
- Judicial Review / Ruling on Notice to Show Cause for 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 Civil Procedure Rules, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M’Muchiri Mukindia
Applicant
Chairperson Muthambi Division Land Dispute Tribunal Court & Another
Respondent
Josphine Mary Gaji & Another
Interested Party
Procedural Posture
Judicial Review / 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.
Ratio Decidendi
The court found that the notice to show cause was properly issued and that neither party appeared to show cause why the suit should not be dismissed. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted and therefore merited dismissal for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed.
- It is so ordered.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC JUDICIAL REVIEW CASE NO. 02 OF 2017
FORMERLY MERU ELC JUDICIAL REVIEW CASE NO. 49 OF 2010
M’MUCHIRI MUKINDIA.................................................................APPLICANT
VERSUS
CHAIRPERSON MUTHAMBI DIVISION LAND
DISPUTE TRIBUNAL COURT & ANO....................................RESPONDENTS
AND
JOSPHINE MARY GAJI & ANO.................................INTERESTED PARTIES
RULING
1. When the parties were to come to court on 10. 05. 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 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 10th day of May, 2018 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE