[2017] KEHC 7439 (KLR)
The court found that neither party had shown cause why the suit should not be dismissed for want of prosecution. The plaintiff's advocate indicated he had lost contact with the client and did not present any substantive reason to keep the suit alive. The defendant, though served, failed to attend court or provide...
Source-derived case information.
- Citation
- [2017] KEHC 7439 (KLR)
- Parties
- Plaintiff: Zavera Gakundi Mwiti; Defendant: Dedan Mugo Mwangi
- Court
- High Court
- Court Station
- High Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 04 of 2017
- Procedural Posture
- Land and Environment Case / Notice to Show Cause for Dismissal Under Order 17 Rule 2(1) Civil Procedure Rules
- Outcome
- suit dismissed for want of prosecution
- Judges
- FM Njoroge
- Legal Topics
- Dismissal for Want of Prosecution, Order 17 Rule 2, Notice to Show Cause, Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zavera Gakundi Mwiti
Plaintiff
Dedan Mugo Mwangi
Defendant
Procedural Posture
Land and Environment Case / Notice to Show Cause for Dismissal Under Order 17 Rule 2(1) Civil Procedure Rules
Legal Issues
- 1 Whether the parties have shown cause why the suit should not be dismissed for want of prosecution.
Ratio Decidendi
The court found that neither party had shown cause why the suit should not be dismissed for want of prosecution. The plaintiff's advocate indicated he had lost contact with the client and did not present any substantive reason to keep the suit alive. The defendant, though served, failed to attend court or provide any input. In the absence of any cause shown by either party, the court exercised its discretion under Order 17 Rule 2(1) of the Civil Procedure Rules and dismissed the suit.
Court Disposition
suit dismissed for want of prosecution
Orders
- The suit is dismissed.
- It is so ordered.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT CHUKA
CHUKA ELC CASE NO 04 OF 2017
FORMERLY MERU ELC CASE NO.37 OF 2015
ZAVERA GAKUNDI MWITI...........................PLAINTFF
VERSUS
DEDAN MUGO MWANGI..........................DEFENDANT
RULING
1. Notice was properly issued for parties to come to court on 28. 2.2017 to show cause why this suit should not be dismissed in terms of order 17 rule 2 (1) of the Civil Procedure Rules.
2. On 28. 2.2017, the defendant, despite service, did not come to court.
3. Mr. Otieno C, holding brief for Gregory Mutuma, for the plaintiff told the court that Mr. Mutuma had lost touch with his client. He indicated that he wanted time to file an application to cease acting for the plaintiff.
4. I find that the parties have not shown cause why this suit should not be dismissed.
5. This suit is dismissed.
6. It is so ordered
Delivered in open court at Chuka this 27th day of February, 2017 in the presence of:
CA: Ndegwa
Otieno C h/b Gregory Mutuma for the plaintiff
Defendant Absent
P.M. NJOROGE
JUDGE