[2017] KEHC 7383 (KLR)
The court found that the plaintiff had demonstrated sufficient cause for the delay in prosecuting the suit, specifically due to ill-health, as evidenced by the affidavit on record. Both parties expressed eagerness to have the matter heard on its merits and jointly requested time to explore an out of court...
Source-derived case information.
- Citation
- [2017] KEHC 7383 (KLR)
- Parties
- Plaintiff: Obadiah Peter Kairaria; Defendant: Anderson Gitonga Justace; Defendant: Cecilia Churi Salesio; Defendant: Rorland Kimathi Kanga
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 79 of 2017
- Procedural Posture
- Land and Environment Case / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- Suit not dismissed; parties granted 30 days to explore settlement.
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Order 17 Rule 2, Affidavit Evidence, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Obadiah Peter Kairaria
Plaintiff
Anderson Gitonga Justace
Defendant
Cecilia Churi Salesio
Defendant
Rorland Kimathi Kanga
Defendant
Procedural Posture
Land and Environment Case / Ruling on Notice to Show Cause for 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 parties have shown sufficient cause to prevent dismissal of the suit.
- 3 Whether the parties should be granted time to explore an out of court settlement.
Ratio Decidendi
The court found that the plaintiff had demonstrated sufficient cause for the delay in prosecuting the suit, specifically due to ill-health, as evidenced by the affidavit on record. Both parties expressed eagerness to have the matter heard on its merits and jointly requested time to explore an out of court settlement. The court exercised its discretion under Order 17 Rule 2(1) of the Civil Procedure Rules, determining that the interests of justice would be best served by not dismissing the suit and granting the parties 30 days to pursue settlement discussions.
Court Disposition
Suit not dismissed; parties granted 30 days to explore settlement.
Orders
- The suit is not dismissed for want of prosecution.
- Parties are granted 30 days to explore an out of court settlement.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT CHUKA
CHUKA ELC CASE NO 79 OF 2017
OBADIAH PETER KAIRARIA..........................................PLAINTIFF
VERSUS
ANDERSON GITONGA JUSTACE......................1ST DEFENDANT
CECILIA CHURI SALESIO..................................2ND DEFENDANT
RORLAND KIMATHI KANGA.............................3RD DEFENDANT
RULING
1. Notice had been properly given for parties to come to court on 22. 2.2017 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. On 22. 2.2017, the defendant was not present but the plaintiff’s advocate M/S Kiome urged the court to allow the plaintiff to file an affidavit which she said would show cause why the suit should not be dismissed.
3. On 27. 2.2017 Miss Kiome and Mr Kiautha Arithi, the defendants advocate, urged the court not to dismiss the suit as both parties were eager to have the suit heard on its merit. They also asked the court to give the parties 30 days to explore a settlement.
4. I have perused the affidavit filed by the plaintiff. It shows that he has been suffering from ill-health.
5. I find that the parties have shown to the satisfaction of the court that the suit should NOT be dismissed. In the circumstances, the suit is not dismissed.
6. I grant the parties their request that they be granted 30 days to explore an out of court settlement.
7. Parties to come for directions on 27. 3.2017.
8. It is so ordered.
Delivered in open court at Chuka this 27th day of February, 2017 in the presence of:
CA: Ndegwa
M/S Kiome for the plaintiff
Kiautha Arithi for the defendant
P.M. NJOROGE
JUDGE