[2017] KEELC 708 (KLR)
The court held that merely informing the court of an out of court settlement, without providing details or formalizing the settlement before the court, does not constitute sufficient cause to prevent dismissal for want of prosecution. The court must be satisfied as to what has transpired between the parties, and in...
Source-derived case information.
- Citation
- [2017] KEELC 708 (KLR)
- Parties
- Plaintiff: Stephen Murungi M’Tuaruchiu; Defendant: Mpururu Peter Mauthi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 170 of 2017
- 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, Out of Court Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Murungi M’Tuaruchiu
Plaintiff
Mpururu Peter Mauthi
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 despite an alleged out of court settlement.
Ratio Decidendi
The court held that merely informing the court of an out of court settlement, without providing details or formalizing the settlement before the court, does not constitute sufficient cause to prevent dismissal for want of prosecution. The court must be satisfied as to what has transpired between the parties, and in the absence of such information, the suit stands dismissed.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed for want of prosecution.
- There is no order as to costs.
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. 170 OF 2017
FORMERLY MERU ELC CASE NO. 23 OF 2012
STEPHEN MURUNGI M’TUARUCHIU ………………………PLAINTIFF
VERSUS
MPURURU PETER MAUTHI……..……………………...….DEFENDANT
RULING
1. Parties were to come to court on 18. 12. 2017 to show cause why the suit should not be dismissed for want of prosecution.
2. Mr. I.C Mugo who held brief for Mr. Kiogora for the plaintiff told the court that the suit had been settled by the parties out of court.
3. I find that settling the matter outside the court, and without allowing the court to know what has transpired, does not constitute cause to the satisfaction of the court that the suit should not be dismissed.
4. In the circumstance, this suit is dismissed.
5. There is no order as to costs.
6. It is so ordered.
Delivered in open court at Chuka this 18th day of December, 2017
in the presence of:
CA: Ndegwa
I.C Mugo h/b Kiogora for the plaintiff
P.M. NJOROGE
JUDGE