[2017] KEHC 7813 (KLR)
The court found that the parties had been duly notified to appear and show cause why the suit should not be dismissed for want of prosecution. Neither party appeared or provided any reasons. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted...
Source-derived case information.
- Citation
- [2017] KEHC 7813 (KLR)
- Parties
- Plaintiff: Nkabu Mukebu; Defendant: Mutiira Mukembu; Defendant: Emilio Mutegi Mburu
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 47 of 2017
- Procedural Posture
- Civil 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, Failure to Prosecute, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nkabu Mukebu
Plaintiff
Mutiira Mukembu
Defendant
Emilio Mutegi Mburu
Defendant
Procedural Posture
Civil 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 parties had been duly notified to appear and show cause why the suit should not be dismissed for want of prosecution. Neither party appeared or provided any reasons. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted and that no sufficient cause was shown to prevent dismissal. The suit was therefore dismissed 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
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT CHUKA
CHUKA ELC CASE NO.47 OF 2017
FORMERLY MERU ELC CASE NO. 75 OF 2014
NKABU MUKEBU......................................................................PLAINTIFF
VERSUS
MUTIIRA MUKEMBU......................................................1ST DEFENDANT
EMILIO MUTEGI MBURU..............................................2ND DEFENDANT
RULING
1. When the parties were to come to court on 15. 2.2017 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 15th day of February, 2017 in the presence of:
CA: Ndegwa
Plaintiff – absent
Defendant – absent
P. M. NJOROGE
JUDGE