[2017] KEHC 7928 (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 show cause 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...
Source-derived case information.
- Citation
- [2017] KEHC 7928 (KLR)
- Parties
- Plaintiff: Philip Ikuuri Mutwee; Defendant: Joyce Kamunthiru Muthengi
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 50 of 2014
- 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
Philip Ikuuri Mutwee
Plaintiff
Joyce Kamunthiru Muthengi
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 notice to show cause was properly issued to the parties. Neither the plaintiff nor the defendant appeared in court to provide reasons or show cause 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 parties had failed to prosecute the matter and had not provided any justification for the delay. Consequently, the court exercised its discretion to dismiss the suit for want of prosecution, as the statutory requirements for such dismissal had been met.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
- It is so ordered.
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 50 OF 2017
FORMRLY MERU ELC CASE NO.120 OF 2014
PHILIP IKUURI MUTWEE…………………………..PLAINTIFF
VERSUS
JOYCE KAMUNTHIRU MUTHENGI…………......DEFENDANT
RULING
1. When the parties were to come to court on 15. 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 15th day of February, 2017 in the presence of:
CA: Ndegwa
Plaintiff – absent
Defendant –absent
P.M. NJOROGE
JUDGE