[2018] KEELC 4870 (KLR)
The court found that no sufficient cause was shown by the plaintiff to prevent dismissal of the suit for want of prosecution, as required under Order 17 rule 2(1) of the Civil Procedure Rules. The plaintiff's advocate admitted that a similar suit had already been filed in another court, and requested dismissal. The...
Source-derived case information.
- Citation
- [2018] KEELC 4870 (KLR)
- Parties
- Plaintiff: Njagi Ngajiu; Defendant: Nicholas Njeru Njagi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 205 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution; costs awarded to defendant
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Order 17 Rule 2, Duplicate Suits, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njagi Ngajiu
Plaintiff
Nicholas Njeru Njagi
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.
- 2 Whether the plaintiff has shown sufficient cause to prevent dismissal of the suit.
- 3 Whether costs should be awarded to the defendant.
Ratio Decidendi
The court found that no sufficient cause was shown by the plaintiff to prevent dismissal of the suit for want of prosecution, as required under Order 17 rule 2(1) of the Civil Procedure Rules. The plaintiff's advocate admitted that a similar suit had already been filed in another court, and requested dismissal. The absence of the plaintiff to show cause further justified the dismissal. Consequently, the court exercised its discretion to dismiss the suit and awarded costs to the defendant.
Court Disposition
suit dismissed for want of prosecution; costs awarded to defendant
Orders
- The suit is dismissed for want of prosecution.
- Costs are awarded to the defendant.
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. 205 OF 2017
FORMERLY MERU ELC. 273 OF 2013
NJAGI NGAJIU…………………………...…..………………...…….PLAINTIFF
VERSUS
NICHOLAS NJERU NJAGI……………….…………………….. DEFENDANT
RULING
1. Parties were to come to court on 17. 1.2018 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. Only the plaintiff and his advocate came to court. Miss Kiome, the plaintiff’s advocate told the court that the plaintiff had filed Chuka SPM No.132 of 2016, seeking orders similar to the ones he sought in this suit. She asked the court to dismiss this suit and award costs to the defendant.
3. I find that no cause has been shown to the satisfaction of this court that this suit should not be dismissed. Indeed, the plaintiff was not in court to show cause.
4. In the circumstances, this suit is dismissed.
5. Costs are awarded to the defendant.
Delivered in open court at Chuka this 17th day of January, 2018 in the presence of:
CA: Ndegwa
Miss Kiome for the plaintiff
P.M. NJOROGE
JUDGE