[2017] KEELC 601 (KLR)
The court found that the notice to show cause was properly issued to the parties, but neither the plaintiff nor the defendant appeared in court to provide reasons why the suit should not be dismissed. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the failure of the...
Source-derived case information.
- Citation
- [2017] KEELC 601 (KLR)
- Parties
- Plaintiff: Salesio Miriti Mugwiria; Defendant: Goffrey Muchiri Mugambi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 245 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, Case Management, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salesio Miriti Mugwiria
Plaintiff
Goffrey Muchiri Mugambi
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, but neither the plaintiff nor the defendant appeared in court to provide reasons why the suit should not be dismissed. In accordance with Order 17 Rule 2(1) of the Civil Procedure Rules, the court determined that the failure of the parties to take any steps in the matter or to respond to the notice justified dismissal of the suit for want of prosecution. The court exercised its discretion to dismiss the suit, emphasizing the importance of diligent prosecution of cases and the need to avoid unnecessary delays in the administration of justice.
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
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO.245 OF 2017
FORMERLY MERU ELC CASE NO. 30 OF 2013
SALESIO MIRITI MUGWIRIA........................................PLAINTIFF
VERSUS
GOFFREY MUCHIRI MUGAMBI.............................DEFENDANT
RULING
1. When the parties were to come to court on 19. 12. 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 19th day of December, 2017
in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE