Baini Nkari, Kanga Mwirebua & Mbiuki Mwirabua v Ndereva Naichu, District Land Adjudication & Settlement Meru South District, District Land Adjudication and Settlement & Attorney General [2017] KEHC 7752 (KLR) | Dismissal For Want Of Prosecution | Esheria

Baini Nkari, Kanga Mwirebua & Mbiuki Mwirabua v Ndereva Naichu, District Land Adjudication & Settlement Meru South District, District Land Adjudication and Settlement & Attorney General [2017] KEHC 7752 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT CHUKA

CHUKA ELC CASE NO 74 OF 2017

FORMERLY MERU PETITION CASE NO. 09 OF 2013

BAINI NKARI……………………………………………….…..1ST PETITIONER

KANGA MWIREBUA…………………………………...…..….2ND PETITIONER

MBIUKI MWIRABUA………………………………….…….....3RD PETITIONER

VERSUS

NDEREVA NAICHU………………………..……..……..….........1ST RESPONDENT

DISTRICT LAND ADJUDICATION &

SETTLEMENT MERU SOUTH DISTRICT…….……...………………2ND RESPONDENT

DISTRICT LAND ADJUDICATION AND SETTLEMENT…...…….….3RD RESPONDENT

ATTORNEY GENERAL………………..…………….....….…...........4TH RESPONDENT

RULING

1. When the parties were to come to court on 22. 2.2017 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 22nd day of February, 2017 in the presence of:

CA: Ndegwa

Parties absent

P.M. NJOROGE

JUDGE