[2017] KEELC 3398 (KLR)
The court found that the notice to show cause why the suit should not be dismissed for want of prosecution was properly issued. Neither the applicant nor the respondents appeared in court to provide reasons against dismissal. In the absence of any cause shown, and in accordance with Order 17 Rule 2(1) of the Civil...
Source-derived case information.
- Citation
- [2017] KEELC 3398 (KLR)
- Parties
- Applicant: Republic; Respondent: Chairman of the Arbitration Board, Tharaka Adjudication Area, Gatunga Adjudication Section; Respondent: Land Adjudication Officer, Tharaka Adjudication Area, Gatunga Adjudication Section; Interested Party: Tharaka County Council; Ex Parte Applicant: Mbugi Kirakura
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 04 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
- Dismissal for Want of Prosecution, Adjudication Process, Judicial Review, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Chairman of the Arbitration Board, Tharaka Adjudication Area, Gatunga Adjudication Section
Respondent
Land Adjudication Officer, Tharaka Adjudication Area, Gatunga Adjudication Section
Respondent
Tharaka County Council
Interested Party
Mbugi Kirakura
Ex Parte 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.
Ratio Decidendi
The court found that the notice to show cause why the suit should not be dismissed for want of prosecution was properly issued. Neither the applicant nor the respondents appeared in court to provide reasons against dismissal. In the absence of any cause shown, and in accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court was satisfied that the requirements for dismissal for want of prosecution were met. The suit was therefore dismissed 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
32 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA MISCELLANEOUS JR CASE NO 04 OF 2017
FORMERLY MERU MISCELLANEOUS APPLICATION NO.40 OF 2010
IN THE MATTER OF AN APPLICATION BY MBUGI KIRAKURA FOR ORDERS OF CERTIORARI AND PROHIBITION
AND
IN THE MATTER OF SECTION 8 & 9 OF THE LAW REFORM ACT CAP 26 LAWS OF KENYA
AND
IN THE MATTER OF LAND COMMITTEE CASE NO. 94/05, 92/05, 232/05, 22/05, 209/05, 228/05
AND
IN THE MATTER OF ARBITRATION BOARD CASES NUMBER 157/08, 158/08, 159/08, 161/08, 166/08
AND
IN THE MATTER OF PARCEL NO.216 – THARAKA ADJUDICATION AREA, GATUNGA ADJUDICATION SECTION
AND
REPUBLIC…………………….......................................................................................……………APPLICANT
VERSUS
THE CHAIRMAN OF THE ARBITRATION BOARD, THARAKA ADJUDICATION AREA, GATUNGA ADJUDICATION SECTIO…......1ST RESPONDENT
THE LAND ADJUDICATION OFFICER, THARAKA ADJUDICATION AREA, GATUNGA ADJUDICATION SECTION ………………..2ND RESPONDENT
THARAKA COUNTY COUNCIL ………………......................................................………..INTERESTED PARTY
EX-PARTE……………………….....................................................………..................……..MBUGI KIRAKURA
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