[2017] KEELC 3052 (KLR)
The court found that proper notice to show cause was issued to the parties as required by Order 17 Rule 2(1) of the Civil Procedure Rules. Neither the applicant nor the respondents appeared in court to show cause why the suit should not be dismissed. As a result, the court was satisfied that the requirements for...
Source-derived case information.
- Citation
- [2017] KEELC 3052 (KLR)
- Parties
- Applicant: Republic; Respondent: Chairman (Land Disputes Tribunal Meru South); Respondent: Jediel Gitari Mwathani; Applicant: Mwathani Njeru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 03 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
- Outcome
- suit dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Judicial Review, Dismissal for Want of Prosecution, Land Disputes Tribunal, Certiorari
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chairman (Land Disputes Tribunal Meru South)
Respondent
Jediel Gitari Mwathani
Respondent
Mwathani Njeru
Applicant
Procedural Posture
Miscellaneous Application / 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.
- 2 Whether proper notice to show cause was issued to the parties.
Ratio Decidendi
The court found that proper notice to show cause was issued to the parties as required by Order 17 Rule 2(1) of the Civil Procedure Rules. Neither the applicant nor the respondents appeared in court to show cause why the suit should not be dismissed. As a result, the court was satisfied that the requirements for dismissal for want of prosecution had been met and proceeded to dismiss the suit accordingly.
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
30 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA MISC JR CASE NO. 03 OF 2017
FORMERLY MERU MISCELLANEOUS CIVIL APPLICATION CASE NO.41 OF 2010
IN THE MATTER OF AN APPLICATION FOR ORDERS OF JUDICIAL REVIEW IN THE NATURE OF CERTIORARI
AND
IN THE MATTER OF SS 8 & 9 OF THE LAW REFORE ACT, CAP 26 LAWS OF KENYA
AND
IN THE MATTER OF LAND DISPUT TRIBUNAL CASE NO. 7 OF 2009 (CHUKA) AND
CHUKA PRINCIPAL MAGISTRATE’S LDT NO. 2 OF 2010
AND
IN THE MATTER OF LR NO. KARINGANI MUGIRIRWA/2356
BETWEEN
REPUBLIC.....................................................................................................APPLICANT
VERSUS
CHAIRMAN (LAND DISPUTES TRIBUNAL MERU SOUTH).......1ST RESPONDENT
JEDIEL GITARI MWATHANI.............................................................2ND RESPONDENT
MWATHANI NJERU........................................................................................EX-PARTE
RULING
1. When the parties were to come to court on 15. 3.2017 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 March, 2017 in the presence of:
CA: Ndegwa
Parties - absent
P. M. NJOROGE
JUDGE