[2017] KEELC 1368 (KLR)
The court found that neither party showed sufficient cause as to why the suit should not be dismissed for want of prosecution. The notice to show cause was properly issued, and the plaintiff, despite being present, failed to provide adequate justification to keep the suit alive. The absence of the defendant further...
Source-derived case information.
- Citation
- [2017] KEELC 1368 (KLR)
- Parties
- Plaintiff: Stanely Mathara Mutiga; Defendant: Njeru Murugu Ngitung’a
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 138 of 2011
- Procedural Posture
- Land and Property / 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
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanely Mathara Mutiga
Plaintiff
Njeru Murugu Ngitung’a
Defendant
Procedural Posture
Land and Property / 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 neither party showed sufficient cause as to why the suit should not be dismissed for want of prosecution. The notice to show cause was properly issued, and the plaintiff, despite being present, failed to provide adequate justification to keep the suit alive. The absence of the defendant further indicated a lack of interest in prosecuting or defending the matter. Consequently, the court exercised its discretion under Order 17 Rule 2(1) of the Civil Procedure Rules and dismissed the suit for want of prosecution.
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
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 138 OF 2017
FORMERLY MERU ELC CASE NO. 52 OF 2011
STANELY MATHARA MUTIGA ……............................................PLAINTIFF
VERSUS
NJERU MURUGU NGITUNG’A................................................DEFENDANT
RULING
1. When the parties were to come to court on 24. 10. 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, only the plaintiff turned 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 24th day of October, 2017 in the presence of:
CA: Ndegwa
Plaintiff present
Defendant absent
P. M. NJOROGE
JUDGE