Ariel Njeru Njagi & another v M’muga Thambura Murucha & another [2017] KEHC 1325 (KLR) | Dismissal For Want Of Prosecution | Esheria

Ariel Njeru Njagi & another v M’muga Thambura Murucha & another [2017] KEHC 1325 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT CHUKA

ELC CASE NO. 251  OF 2017

FORMERLY MERU ELC 117 OF 2000

ARIEL NJERU NJAGI & ANO…..………….….....PLAINTIFFS

VERSUS

M’MUGA THAMBURA MURUCHA & ANO….. DEFENDANTS

RULING

1. When the parties were to come to court on 13. 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 13th day of December, 2017 in the presenceof:

CA: Ndegwa

Parties not in court

P.M. NJOROGE

JUDGE