[2018] KEELC 4859 (KLR)
The court found that proper notice to show cause was issued to the parties as required by Order 17 Rule 2(1) of the Civil Procedure Rules. Neither the plaintiffs nor the defendants appeared in court to show cause why the suit should not be dismissed. In the absence of any explanation or action from the parties, the...
Source-derived case information.
- Citation
- [2018] KEELC 4859 (KLR)
- Parties
- Plaintiff: Zipporah Wambeti Kinyua & Another; Defendant: K-Rep Bank Ltd & Another
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 207 of 2017
- Procedural Posture
- Land and Property 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
Zipporah Wambeti Kinyua & Another
Plaintiff
K-Rep Bank Ltd & Another
Defendant
Procedural Posture
Land and Property 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 proper notice to show cause was issued to the parties as required by Order 17 Rule 2(1) of the Civil Procedure Rules. Neither the plaintiffs nor the defendants appeared in court to show cause why the suit should not be dismissed. In the absence of any explanation or action from the parties, the court was satisfied that the requirements for dismissal for want of prosecution had been met. Accordingly, 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
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO. 207 OF 2017
FORMERLY MERU ELC. 120 OF 2013
ZIPPORAH WAMBETI KINYUA & ANO.....................PLAINTIFFS
VERSUS
K-REP BANK LTD & ANO........................................DEFENDANTS
RULING
1. When the parties were to come to court on 17. 1.2018 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 17th day of January, 2018 in the presence of:
CA: Ndegwa
Parties not in court
P.M. NJOROGE
JUDGE