[2017] KEELC 696 (KLR)
The court found that the notice to show cause was properly issued and that none of the parties appeared to show cause why the suit should not be dismissed. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted and that there was no...
Source-derived case information.
- Citation
- [2017] KEELC 696 (KLR)
- Parties
- Applicant: Republic of Kenya; Respondent: Kirea Gaicu (Chief Kathangachini Location); Interested Party: Stella Mukari Njagi; Exparte Applicant: Reuben Kijiru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 09 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Notice to Show Cause for Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Judicial Review, Order 17 Rule 2 Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic of Kenya
Applicant
Kirea Gaicu (Chief Kathangachini Location)
Respondent
Stella Mukari Njagi
Interested Party
Reuben Kijiru
Exparte Applicant
Procedural Posture
Miscellaneous Application / 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.
Ratio Decidendi
The court found that the notice to show cause was properly issued and that none of the parties appeared to show cause why the suit should not be dismissed. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted and that there was no justification provided by any party for its continuation. Consequently, the court exercised its discretion to dismiss the suit for want of prosecution.
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
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC Miscellaneous Application Case No. 09 Of 2017
FORMERLY MERU ELC MISCELLANEOUS APPLICATION CASE NO. 04 OF 2014
IN THE MATTER OF AN APPLICATION BY REUBEN KIJIRU FOR AN ORDER OF PROHIBITION, DECLARATION AND CERTIORARI AGAINST THE RESPONDENT AND INTERESTED PARTIES
AND
IN THE MATTER OF SECTION 8 AND 9 OF THE LAW REFORMS ACT CAP. 26 (L.O.K) AND ORDER 53 (1) (3) OF THE CPR APPLICATION FOR JUDICIAL REVIEW
REPUBLIC OF KENYA……………………………………….….APPLICANT
VERSUS
KIREA GAICU – (CHIEF KATHANGACHINI LOCATION)…..RESPONDENT
AND
STELLA MUKARI NJAGI……….……………...……..INTERESTED PARTY
REUBEN KIJIRU …………………………….……..EXPARTE APPLICANT
RULING
1. When the parties were to come to court on 20. 12. 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 17rule 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 20th day of December, 2017 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE