[2017] KEHC 7753 (KLR)
The court found that the parties were duly notified to appear and show cause why the suit should not be dismissed for want of prosecution, but neither party attended court on the scheduled date. The court was satisfied that proper notice had been issued in accordance with Order 17 Rule 2(1) of the Civil Procedure...
Source-derived case information.
- Citation
- [2017] KEHC 7753 (KLR)
- Parties
- Plaintiff: Nkoroi Nyaga; Defendant: Charity Ciakathia Richard
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 77 of 2017
- Procedural Posture
- Land and Environment Case / 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
Nkoroi Nyaga
Plaintiff
Charity Ciakathia Richard
Defendant
Procedural Posture
Land and Environment Case / 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 were duly notified to appear and show cause why the suit should not be dismissed for want of prosecution, but neither party attended court on the scheduled date. The court was satisfied that proper notice had been issued in accordance with Order 17 Rule 2(1) of the Civil Procedure Rules. As the parties failed to show cause, the court exercised its discretion to dismiss the suit for want of prosecution, thereby upholding the principle that litigation must be prosecuted diligently and expeditiously.
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
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT CHUKA
CHUKA ELC CASE NO 77 OF 2017
FORMERLY MERU ELC CASE NO.22 OF 2013
NKOROI NYAGA......................................................PLAINTIFF
VERSUS
CHARITY CIAKATHIA RICHARD..........................DEFENDANT
RULING
1. When the parties were to come to court on 22. 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 22nd day of February, 2017 in the presence of:
CA: Ndegwa
Parties absent
P.M. NJOROGE
JUDGE