[2017] KEELC 618 (KLR)
The court found that no sufficient cause was shown by the plaintiff or his advocate to prevent the dismissal of the suit for want of prosecution. The plaintiff's advocate admitted he could not trace his client and sought to withdraw from the case. In the absence of any explanation or steps taken to prosecute the...
Source-derived case information.
- Citation
- [2017] KEELC 618 (KLR)
- Parties
- Plaintiff: M’WABENGI M’WARUCHA alias ELISIO NYAGA; Defendant: MWARANIA MUCHURI IKURII; Defendant: THE DISTRICT LAND ADJUDICATION & SETTLEMENT OFFICER, CHUKA; Defendant: THE HON. ATTORNEY GENERAL
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 249 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Land Adjudication, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M’WABENGI M’WARUCHA alias ELISIO NYAGA
Plaintiff
MWARANIA MUCHURI IKURII
Defendant
THE DISTRICT LAND ADJUDICATION & SETTLEMENT OFFICER, CHUKA
Defendant
THE HON. ATTORNEY GENERAL
Defendant
Procedural Posture
Land and Property Suit / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether sufficient cause was shown to prevent dismissal of the suit for want of prosecution.
Ratio Decidendi
The court found that no sufficient cause was shown by the plaintiff or his advocate to prevent the dismissal of the suit for want of prosecution. The plaintiff's advocate admitted he could not trace his client and sought to withdraw from the case. In the absence of any explanation or steps taken to prosecute the matter, the court exercised its discretion to dismiss the suit under the relevant procedural rules.
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
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 249 OF 2017
FORMERLY MERU ELC CASE NO.109 OF 2010
M’WABENGI M’WARUCHA alias ELISIO NYAGA........PLAINTIFF
VERSUS
MWARANIA MUCHURI IKURII.............................1ST DEFENDANT
THE DISTRICT LAND ADJUDICATION &
SETTLEMENT OFFICER, CHUKA.......................2ND DEFENDANT
THE HON. ATTORNEY GENERAL......................3RD DEFENDANT
RULING
1. Parties were to come to court on 14. 12. 2017 to show cause why the suit should not be dismissed for want of prosecution. Advocate Nyamu Nyaga for the plaintiff turned up. He told the court that he could not trace his client. He expressed his wish to withdraw from the case.
2. I find that no cause has been shown to the satisfaction of the court that the suit should not be dismissed.
3. In the circumstances, this suit is dismissed.
4. It is so ordered.
Delivered in open court at Chuka this 14th day of December, 2017 in the presence of:
CA: Ndegwa
Nyamu Nyaga for the plaintiff
P. M. NJOROGE
JUDGE