[2018] KEELC 4212 (KLR)
The court found that the notice to show cause was properly issued to the parties. Neither the plaintiffs nor the defendant appeared in court to provide reasons or take steps to prosecute the suit. In accordance with Order 17 rule 2(1) of the Civil Procedure Rules, the court determined that there was no justification...
Source-derived case information.
- Citation
- [2018] KEELC 4212 (KLR)
- Parties
- Plaintiff: Ndiiri Mbogo Nyaga & 4 Others; Defendant: Shadrack Kirigia Nthiga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 241 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, Order 17 Rule 2, Case Management, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ndiiri Mbogo Nyaga & 4 Others
Plaintiff
Shadrack Kirigia Nthiga
Defendant
Procedural Posture
Land and Property Suit / 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 to the parties. Neither the plaintiffs nor the defendant appeared in court to provide reasons or take steps to prosecute the suit. In accordance with Order 17 rule 2(1) of the Civil Procedure Rules, the court determined that there was no justification to keep the suit alive. The failure of the parties to attend and show cause warranted the dismissal of 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
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 241 OF 2017
FORMERLY MERU ELC. 35 OF 2015
NDIIRI MBOGO NYAGA & 4 OTHERS…..PLAINTIFFS
VERSUS
SHADRACK KIRIGIA NTHIGA…………. DEFENDANT
RULING
1. When the parties were to come to court on 08. 03. 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 08th day of March, 2018 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE