Anglicola Mutegi, Gatiria Mitugo & Josphat Kinyua v Mwithi Augostino Mitugo [2017] KEELC 2363 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC [CA] CASE NO 82 OF 2017

FORMERLY MERU ELC [CA] CASE NO.  61 OF 2013

ANGLICOLA MUTEGI...……………………. ……………….1ST APPELLANT

GATIRIA MITUGO…………………………………………….2ND APPELLANT

JOSPHAT KINYUA……………………………………………3RD APPELLANT

VERSUS

MWITHI AUGOSTINO MITUGO…………………….…………RESPONDENT

RULING

1. When the parties were to come to court on 17. 7.2017 to show cause why this suit should not be dismissed for want of prosecution in terms of order 42 rule 35(2) 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 Appeal should not be dismissed for want of prosecution in terms of Order 42 Rule 35 (2) 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 July, 2017 in the presence of:

CA: Ndegwa

Parties -absent

P.M. NJOROGE

JUDGE