[2017] KEELC 602 (KLR)
The court found that the notice to show cause was properly issued and that neither party appeared to show cause 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 suit had not been prosecuted and therefore warranted dismissal for...
Source-derived case information.
- Citation
- [2017] KEELC 602 (KLR)
- Parties
- Plaintiff: Silas Marigu Mwaria; Defendant: Ayub Muchege Murigo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 100 of 2017
- Procedural Posture
- Civil 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
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Parties
Silas Marigu Mwaria
Plaintiff
Ayub Muchege Murigo
Defendant
Procedural Posture
Civil 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 and that neither party appeared to show cause 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 suit had not been prosecuted and therefore warranted dismissal for want of prosecution. The absence of the parties and lack of any explanation or action to advance the suit left the court with no alternative but to dismiss the matter.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT CHUKA
ELC CASE NO. 100 OF 2017
FORMERLY MERU ELC 121 OF 2008 (OS)
SILAS MARIGU MWARIA.....................................PLAINTIFF
VERSUS
AYUB MUCHEGE MURIGO..............................DEFENDANT
RULING
1. When the parties were to come to court on 14. 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 14th day of December, 2017 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE