[2017] KEELC 2254 (KLR)
The court found that the plaintiff's intention to withdraw the suit did not amount to sufficient cause under Order 17 Rule 2(1) of the Civil Procedure Rules to prevent dismissal for want of prosecution. As no other cause was shown, and the matter had not progressed, the court exercised its discretion to dismiss the...
Source-derived case information.
- Citation
- [2017] KEELC 2254 (KLR)
- Parties
- Plaintiff: Narchiso Njagi Bauni; Defendant: M’Kura Kiraithe alias M’Kuura M’Kiraithe
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 104 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution; no order as to costs
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Withdrawal of Suit, Order 17 Rule 2 Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Narchiso Njagi Bauni
Plaintiff
M’Kura Kiraithe alias M’Kuura M’Kiraithe
Defendant
Procedural Posture
Land and Property Suit / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the plaintiff has shown sufficient cause why the suit should not be dismissed for want of prosecution.
- 2 Whether withdrawal of the suit constitutes sufficient cause to avoid dismissal under Order 17 Rule 2(1) of the Civil Procedure Rules.
Ratio Decidendi
The court found that the plaintiff's intention to withdraw the suit did not amount to sufficient cause under Order 17 Rule 2(1) of the Civil Procedure Rules to prevent dismissal for want of prosecution. As no other cause was shown, and the matter had not progressed, the court exercised its discretion to dismiss the suit. The court further determined that no order as to costs was appropriate in the circumstances.
Court Disposition
suit dismissed for want of prosecution; no order as to costs
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 CASE NO 104 OF 2017
FORMERLY MERU ELC CASE NO. 66 OF 2007
NARCHISO NJAGI BAUNI………….……..…………………….PLAINTIFF
VERSUS
M’KURA KIRAITHE alias M’KUURA M’KIRAITHE………… DEFENDANT
RULING
1. Parties were to come to court on 10. 7.2017 to show cause why the suit should not be dismissed for want of prosecution in terms of order 17 rule 2(1) of the Civil Procedure Rules.
2. Mr. Kiogora Arithi, holding brief for Mr.Nyamu Nyaga, for the plaintiff told the court that the plaintiff wanted the suit withdrawn with no order as to costs.
3. Withdrawal of a suit does not constitute cause, to the satisfaction of the court, why a suit should not be dismissed for want of prosecution.
4. I find that no cause has been shown to the satisfaction of this court why this suit should not be dismissed.
5. In the circumstances, this suit is dismissed.
6. No costs are awarded.
7. It is so ordered.
Delivered in open court at Chuka this 10th day of July, 2017 in the presence of:
CA: Ndegwa
Kiogora Arithi h/b Nyamu Nyaga for the plaintiff
P.M. NJOROGE
JUDGE