[2017] KEELC 1361 (KLR)
The court found that neither party had shown sufficient cause why the suit should not be dismissed for want of prosecution as required by Order 17 Rule 2(1) of the Civil Procedure Rules. The notice to show cause was properly issued, and the absence of any substantive justification from the parties, particularly the...
Source-derived case information.
- Citation
- [2017] KEELC 1361 (KLR)
- Parties
- Plaintiff: Zakaria Kathenya Mwambia; Defendant: Mwitati Baikirima
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 144 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, Order 17 Rule 2, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zakaria Kathenya Mwambia
Plaintiff
Mwitati Baikirima
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 had shown sufficient cause why the suit should not be dismissed for want of prosecution as required by Order 17 Rule 2(1) of the Civil Procedure Rules. The notice to show cause was properly issued, and the absence of any substantive justification from the parties, particularly the defendant who was absent, led the court to conclude that the requirements for dismissal had been met. Consequently, the suit was dismissed for want of prosecution.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed.
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 144 OF 2017
FORMERLY MERU ELC CASE NO. 151 OF 2011
ZAKARIA KATHENYA MWAMBIA…………………….............…....PLAINTIFF
VERSUS
MWITATI BAIKIRIMA ………………………………….......…….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