[2018] KEELC 3287 (KLR)
The court found that the notice to show cause was properly issued to the parties. Neither the ex-parte applicant nor the interested party appeared or provided any reasons to oppose the dismissal. The respondents, though present through counsel, did not offer any argument. As a result, the court was satisfied that...
Source-derived case information.
- Citation
- [2018] KEELC 3287 (KLR)
- Parties
- Respondent: Resident Magistrate, Marimanti Law Court & Another; Interested Party: Maria Kaithi Rugia
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 15 of 2017
- Procedural Posture
- Judicial Review / 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, Order 17 Rule 2, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Resident Magistrate, Marimanti Law Court & Another
Respondent
Maria Kaithi Rugia
Interested Party
Procedural Posture
Judicial Review / 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 to the parties. Neither the ex-parte applicant nor the interested party appeared or provided any reasons to oppose the dismissal. The respondents, though present through counsel, did not offer any argument. As a result, the court was satisfied that there was no cause shown why the suit should not be dismissed for want of prosecution. The court exercised its discretion under Order 17 Rule 2(1) of the Civil Procedure Rules and dismissed 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
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA JUDICIAL REVIEW CASE NO. 15 OF 2017
FORMERLY MERU JUDICIAL REVIEW CASE NO.11 OF 2013
RESIDENT MAGISTRATE,
MARIMANTI LAW COURT & ANO...................RESPONDENTS
VERSUS
MARIA KAITHI RUGIA............................INTERESTED PARTY
RULING
1. When the parties were to come to court on 17. 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 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 17th day of May, 2018 in the presence of:
CA: Ndegwa
Kiongo present for the Respondents
Interested Party – absent
Ex-parte Applicant - absent
P.M. NJOROGE
JUDGE