[2017] KEELC 3114 (KLR)

[2017] KEELC 3114 (KLR)

The court found that the notice to show cause was properly issued to the parties. Neither the plaintiff nor the defendants appeared in court to show cause why the suit should not be dismissed for want of prosecution. In the absence of any explanation or action from the parties, and in accordance with Order 17 Rule...

Source-derived case information.

Citation
[2017] KEELC 3114 (KLR)
Parties
Plaintiff: Rosalid Julia Ngugi Murungi (on behalf of deceased estate of Jamlick Njagi); Defendant: Washington Rwigi; Defendant: Humphrey Muchiri
Court
Environment and Land Court
Court Station
Environment and Land Court at Chuka
Jurisdiction
Kenya
Case Number
Environment & Land Case 56 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
Civil Procedure Land and Property Dismissal for Want of Prosecution Order 17 Rule 2 Failure to Prosecute Land Dispute

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Summary, issues, holding and outcome

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Parties

Rosalid Julia Ngugi Murungi (on behalf of deceased estate of Jamlick Njagi)

Plaintiff

Washington Rwigi

Defendant

Humphrey Muchiri

Defendant

Procedural Posture

Land and Property Suit / Ruling on Dismissal for Want of Prosecution

Legal Issues

  1. 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 defendants appeared in court to show cause why the suit should not be dismissed for want of prosecution. In the absence of any explanation or action from the parties, and in accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the suit had not been prosecuted and therefore merited dismissal. The court exercised its discretion to dismiss the suit for want of prosecution, as the parties failed to demonstrate any interest in pursuing the matter.

Court Disposition

suit dismissed for want of prosecution

Orders

  • The suit is dismissed for want of prosecution.
  • It is so ordered.