Annah Wanja Nderi v Stephen Rucha Chabari [2018] KEELC 4830 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC CASE NO. 95  OF 2017

FORMERLY MERU ELC. 81 OF 2008

ANNAH WANJA NDERI..................................PLAINTIFF

VERSUS

STEPHEN RUCHA CHABARI.....................DEFENDANT

RULING

1. Notice was given to parties to come to court on 17. 1.2018 to show cause why the suit should not be dismissed for want of prosecution in terms of Order 17 Rule 2(1) of the Civil Procedure Rules.

2. Miss Kiome, the plaintiff’s lawyer, told the court that despite all efforts, she had failed to trace her client. She left it to the court to give it’s directions.

3. I note that notice was properly given to the plaintiff to come to court on 17. 1.2018 to show cause why the suit should not be dismissed for want of prosecution.

4. I find that cause has not been shown to the satisfaction of the court that the suit should not be dismissed.

5. In the circumstances, this suit is dismissed with no order as to costs.

6. It is so ordered

Delivered in open court at Chuka this 17th day of January, 2018

in the presence of:

CA: Ndegwa

Miss Kiome for the plaintiff

P.M. NJOROGE

JUDGE