[2023] KEELC 15961 (KLR)
The court found that the parties had failed to take any steps in the matter since November 22, 2021, and neither the parties nor their counsel appeared in court to show cause why the suit should not be dismissed. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, 2010, the court exercised its...
Source-derived case information.
- Citation
- [2023] KEELC 15961 (KLR)
- Parties
- Plaintiff: Kennedy Odhiambo Nyaoro; Plaintiff: Caren Atieno Agida; Defendant: Elisha Jabuya Olweru; Interested Party: Raymond Obachi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 27 of 2021
- Procedural Posture
- Environment and Land Case / Ruling on Notice to Show Cause for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- GMA Ongondo
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Bona Fide Purchaser, Land Title Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Odhiambo Nyaoro
Plaintiff
Caren Atieno Agida
Plaintiff
Elisha Jabuya Olweru
Defendant
Raymond Obachi
Interested Party
Procedural Posture
Environment and Land Case / Ruling on Notice to Show Cause 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, 2010.
Ratio Decidendi
The court found that the parties had failed to take any steps in the matter since November 22, 2021, and neither the parties nor their counsel appeared in court to show cause why the suit should not be dismissed. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, 2010, the court exercised its discretion to dismiss the suit for want of prosecution, as there was no explanation or justification for the delay or absence. The dismissal was made without an order as to costs.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution under Order 17 Rule 2(1) of the Civil Procedure Rules, 2010.
- No order as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
Nyaoro & another v Olweru; Obachi (Interested Party) (Environment & Land Case 27 of 2021) [2023] KEELC 15961 (KLR) (28 February 2023) (Ruling)
Neutral citation: [2023] KEELC 15961 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Case 27 of 2021
GMA Ongondo, J
February 28, 2023
Between
Kennedy Odhiambo Nyaoro
1st Plaintiff
Caren Atieno Agida
2nd Plaintiff
and
Elisha Jabuya Olweru
Defendant
and
Raymond Obachi
Interested Party
Ruling
1. By an originating summons dated March 15, 2017 and lodged in court on March 17, 2017 the two plaintiff are claiming to be bonifide purchaser and bonafide seller of the suit land reference number Kanyada/Kotieno-Katuma ‘A’/2246.
2. The parties were last before court on November 22, 2021. They have not taken any further step herein.
3. Pursuant to Order 17 Rule 2(1) of the Civil Procedure Rules, 2010, a notice to show cause was issued for today, February 28, 2023.
4. The parties and counsel are absent without any reason.
5. Accordingly, this suit is dismissed with no order as to costs under Order 17 rule 2(1) (supra).
6. Orders accordingly.
DELIVERED, DATED AND SIGNED AT HOMABAY THIS 28TH DAY OF FEBRUARY 2023. G.M.A ONG’ONDOJUDGE