[2017] KEELC 2191 (KLR)
The court found that the notice to show cause was properly issued to the parties. Neither the appellant nor the respondent appeared in court to provide reasons or show cause why the appeal should not be dismissed for want of prosecution. In accordance with Order 42 Rule 35(2) of the Civil Procedure Rules, the court...
Source-derived case information.
- Citation
- [2017] KEELC 2191 (KLR)
- Parties
- Appellant: Nicodemus Njuki Kanyaru; Respondent: Kathenya Mutiga Rugunya
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 16 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Dismissal for Want of Prosecution
- Outcome
- appeal dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Appeals Process, Order 42 Rule 35, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicodemus Njuki Kanyaru
Appellant
Kathenya Mutiga Rugunya
Respondent
Procedural Posture
Civil Appeal / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution under Order 42 Rule 35(2) of the Civil Procedure Rules.
Ratio Decidendi
The court found that the notice to show cause was properly issued to the parties. Neither the appellant nor the respondent appeared in court to provide reasons or show cause why the appeal should not be dismissed for want of prosecution. In accordance with Order 42 Rule 35(2) of the Civil Procedure Rules, the court determined that the failure of the parties to attend or take steps to prosecute the appeal justified dismissal. The appeal was therefore dismissed for want of prosecution.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The suit is dismissed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC [CA] CASE NO 16 OF 2017
FORMERLY MERU ELC [CA] CASE NO. 74 OF 2013
NICODEMUS NJUKI KANYARU .……………….APPELLANT
VERSUS
KATHENYA MUTIGA RUGUNYA……………..RESPONDENT
RULING
1. When the parties were to come to court on 13. 7.2017 to show cause why this suit should not be dismissed for want of prosecution in terms of order 42 rule 35(2) 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 Appeal should not be dismissed for want of prosecution in terms of Order 42 Rule 35 (2) 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 13th day of July, 2017
in the presence of:
CA: Ndegwa
Parties -absent
P.M. NJOROGE
JUDGE