[2018] KEELC 3697 (KLR)
The court found that the notice to show cause was properly issued and that neither party appeared to provide reasons against dismissal. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted and that there was no justification provided for the...
Source-derived case information.
- Citation
- [2018] KEELC 3697 (KLR)
- Parties
- Appellant: Moses Gitonga Gaichu; Respondent: The District Commissioner, Tharaka North District & 3 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 4 of 2013
- Procedural Posture
- Civil Appeal / 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, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Moses Gitonga Gaichu
Appellant
The District Commissioner, Tharaka North District & 3 Others
Respondent
Procedural Posture
Civil Appeal / 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 the notice to show cause was properly issued and that neither party appeared to provide reasons against dismissal. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted and that there was no justification provided for the delay. Consequently, the court exercised its discretion to dismiss the suit for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC PETITION CASE NO. 04 OF 2017
FORMERLY MERU ELC CIVIL APPEAL NO. 01 OF 2013
MOSES GITONGA GAICHU...............................................APPELLANT
VERSUS
THE DISTRICT COMMISSIONER, THARAKA
NORTH DISTRICT & 3 OTHERS................................RESPONDENTS
RULING
1. When the parties were to come to court on 3. 5.2018 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 3rd day of May, 2018
in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE