Ann Kageni v Salesio Gitari Francis [2017] KEELC 1036 (KLR) | Dismissal For Want Of Prosecution | Esheria

Ann Kageni v Salesio Gitari Francis [2017] KEELC 1036 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC CASE NO. 162 OF 2017

FORMERLY MERU ELC. 13(a) OF 2012

ANN KAGENI………………………………………………......... PLAINTIFF

VERSUS

SALESIO GITARI FRANCIS……………………………......……. DEFENDANT

RULING

1. When the parties were to come to court on 23. 11. 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 23rd day of November, 2017 in the presence of:

CA: Ndegwa

Parties absent

P.M. NJOROGE

JUDGE