Agnes Gacheri Gitari v Benson Gitari Aphaxard [2017] KEHC 1413 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT CHUKA

ELC CASE NO. 189  OF 2017

FORMERLY MERU ELC  CASE NO. 124 OF  2012

AGNES GACHERI GITARI.....................................................PLAINTIFF

VERSUS

BENSON GITARI APHAXARD..........................................DEFENDANT

RULING

1. When the parties were to come to court on 14. 12. 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, 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 14th day of December, 2017

in the presence  of:

CA: Ndegwa

Parties not in court

P.M. NJOROGE

JUDGE