[2018] KEELC 3406 (KLR)
The court found that the notice to show cause was properly issued and that none of the parties appeared to provide reasons against dismissal. 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 no sufficient cause was shown for its...
Source-derived case information.
- Citation
- [2018] KEELC 3406 (KLR)
- Parties
- Applicant: Republic; Respondent: Eastern Province Land Disputes Appeals Committee; Respondent: Meru South County Council; Applicant: Stanley Mutegi G. Muguongo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 8 of 2017
- Procedural Posture
- Judicial Review / 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, Judicial Review Procedure, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Eastern Province Land Disputes Appeals Committee
Respondent
Meru South County Council
Respondent
Stanley Mutegi G. Muguongo
Applicant
Procedural Posture
Judicial Review / 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 none of the parties appeared to provide reasons against dismissal. 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 no sufficient cause was shown 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
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC JUDICIAL REVIEW CASE NO. 08 OF 2017
FORMERLY MERU ELC JUDICIAL REVIEW CASE NO. 20 OF 2012
REPUBLIC................................................................................APPLICANT
VERSUS
EASTERN PROVINCE LAND DISPUTES
APPEALS COMMITTEE & ANOTHER.......................RESPONDENTS
MERU SOUTH COUNTY COUNCIL..................INTERESTED PARTY
STANLEY MUTEGI G. MUGUONGO............EX-PARTE APPLICANT
RULING
1. When the parties were to come to court on 10. 05. 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 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 10th day of May, 2018
in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE