[2017] KEELC 1006 (KLR)
The court found that the notice to show cause was properly issued to the parties. Neither the plaintiff nor the defendant appeared in court to provide reasons or take steps to prosecute the suit. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the failure of both parties...
Source-derived case information.
- Citation
- [2017] KEELC 1006 (KLR)
- Parties
- Plaintiff: Richard Michemi Mwagirua; Defendant: Erustus Njeru M’Raini
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 152 of 2017
- Procedural Posture
- Land and Property Suit / 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, Failure to Prosecute, Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Richard Michemi Mwagirua
Plaintiff
Erustus Njeru M’Raini
Defendant
Procedural Posture
Land and Property Suit / 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 to the parties. Neither the plaintiff nor the defendant appeared in court to provide reasons or take steps to prosecute the suit. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the failure of both parties to attend and show cause justified the dismissal of the suit for want of prosecution. The court exercised its discretion to dismiss the matter, as no sufficient cause was shown to warrant the suit remaining on the court's record.
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
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 152 OF 2017
FORMERLY MERU ELC 140 OF 2012
RICHARD MICHEMI MWAGIRUA………………PLAINTIFF
VERSUS
ERUSTUS NJERU M’RAINI…………………DEFENDANT
RULING
1. When the parties were to come to court on 29. 11. 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 29th day of November, 2017
in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE