[2014] KEHC 6166 (KLR)
The court found that neither party appeared to show cause why the suit should not be dismissed as required by the notice issued under Order 17 Rule 2 of the Civil Procedure Rules. In the absence of any explanation or cause shown, the court exercised its discretion to dismiss the suit for want of prosecution.
Source-derived case information.
- Citation
- [2014] KEHC 6166 (KLR)
- Parties
- Plaintiff: Ndatho M'Nkondi; Defendant: Cyprian Meeme
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 300 of 1989
- Procedural Posture
- Civil Case / Notice to Show Cause Dismissal
- Outcome
- suit dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Order 17 Rule 2, Notice to Show Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ndatho M'Nkondi
Plaintiff
Cyprian Meeme
Defendant
Procedural Posture
Civil Case / Notice to Show Cause Dismissal
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 neither party appeared to show cause why the suit should not be dismissed as required by the notice issued under Order 17 Rule 2 of the Civil Procedure Rules. In the absence of any explanation or cause shown, 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 for want of prosecution.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO. 300 OF 1989
NDATHO M'NKONDI................................................................PLAINTIFF
VERSUS
CYPRIAN MEEME.................................................................DEFENDANT
RULING
Notice to show cause under Order 17 Rule 2 of the Civil Procedure Rules was issued but the parties were not in court to show cause why this suit should not be dismissed. The matter was lastly before the Hon. Justice W. Ouko, J, on 7. 6.2007.
As no cause has been shown to my satisfaction why this suit should not be dismissed I hereby dismiss it.
Suit dismissed.
It is so ordered.
Delivered in Open Court this 27th day of March, 2013 in the presence of :
P. M. NJOROGE
JUDGE