[2017] KEELC 2198 (KLR)
The court found that proper notice to show cause was issued to the parties, but neither the appellant nor the respondent appeared in court to explain the delay or provide reasons for the continued prosecution of the appeal. In the absence of any explanation or steps taken by the parties, the court was satisfied that...
Source-derived case information.
- Citation
- [2017] KEELC 2198 (KLR)
- Parties
- Appellant: Njiru Nderi; Respondent: Ndwiga Nderi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 22 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
Njiru Nderi
Appellant
Ndwiga Nderi
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 proper notice to show cause was issued to the parties, but neither the appellant nor the respondent appeared in court to explain the delay or provide reasons for the continued prosecution of the appeal. In the absence of any explanation or steps taken by the parties, the court was satisfied that the requirements for dismissal under Order 42 Rule 35(2) of the Civil Procedure Rules were met. The appeal was therefore dismissed for want of prosecution.
Court Disposition
appeal dismissed for want of prosecution
Orders
- The appeal is dismissed for want of prosecution.
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 22 OF 2017
FORMERLY MERU ELC [CA] CASE NO. 23 OF 2013
FORMERLY EMBU HCCA NO. 50 OF 2007
NJIRU NDERI…….……………….………...APPELLANT
VERSUS
NDWIGA NDERI……...……..……………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