[2018] KEELC 4828 (KLR)

[2018] KEELC 4828 (KLR)

The court found that the notice to show cause was properly issued to the parties. Neither the plaintiff nor the defendant appeared in court to provide reasons or demonstrate cause as to why the suit should not be dismissed for want of prosecution. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules,...

Source-derived case information.

Citation
[2018] KEELC 4828 (KLR)
Parties
Plaintiff: Patrick Majau Mutiga; Defendant: Gitonga Mutiga
Court
Environment and Land Court
Court Station
Environment and Land Court at Chuka
Jurisdiction
Kenya
Case Number
Environment & Land Case 185 of 2017
Procedural Posture
Land and Property 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 Civil Procedure Rules
Source Language
english
Civil Procedure Land and Property Dismissal for Want of Prosecution Order 17 Rule 2 Civil Procedure Rules

Source-derived case record

Summary, issues, holding and outcome

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Parties

Patrick Majau Mutiga

Plaintiff

Gitonga Mutiga

Defendant

Procedural Posture

Land and Property Suit / Ruling on Dismissal for Want of Prosecution

Legal Issues

  1. 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 notice to show cause was properly issued to the parties. Neither the plaintiff nor the defendant appeared in court to provide reasons or demonstrate cause as to why the suit should not be dismissed for want of prosecution. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the failure of the parties to attend and show cause justified the dismissal of the suit. The court was satisfied that the procedural requirements for dismissal had been met and, therefore, dismissed the suit for want of prosecution.

Court Disposition

suit dismissed for want of prosecution

Orders

  • The suit is dismissed for want of prosecution.