[2018] KEELC 4864 (KLR)
The court found that the notice to show cause was properly issued and that neither party appeared to provide reasons against dismissal. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the failure to prosecute the suit and the absence of any explanation from the parties...
Source-derived case information.
- Citation
- [2018] KEELC 4864 (KLR)
- Parties
- Plaintiff: Patrick Zaverio Marangu; Defendant: Peter Mugambi Mucheke
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 204 of 2017
- Procedural Posture
- Land and Property / 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 1 Civil Procedure Rules, Land Dispute, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Zaverio Marangu
Plaintiff
Peter Mugambi Mucheke
Defendant
Procedural Posture
Land and Property / 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 notice to show cause was properly issued and that neither party appeared to provide reasons against dismissal. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the failure to prosecute the suit and the absence of any explanation from the parties justified dismissal of the suit 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
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 204 OF 2017
FORMERLY MERU ELC. 257 OF 2013
PATRICK ZAVERIO MARANGU……….PLAINTIFF
VERSUS
PETER MUGAMBI MUCHEKE…….... DEFENDANT
RULING
1. When the parties were to come to court on 17. 1.2018 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 17th day of January, 2018 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE