Beatrice Kanjiru Njuuri v Ashford Kburu Ruucha, Fred Mathiu Nchaire & Land Registrar Meru [2016] KEHC 4473 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO. 63 OF 2011
BEATRICE KANJIRU NJUURI …............................................................................PLAINTIFF
VERSUS
ASHFORD KBURU RUUCHA.......................................................................1ST DEFENDANT
FRED MATHIU NCHAIRE.............................................................................2ND DEFENDANT
LAND REGISTRAR MERU............................................................................3ND DEFENDANT
R U L I N G
This application is dated 21st January, 2011 and seeks orders:-
THAT the plaintiff's suit herein be dismissed with costs for want of prosecution.
THAT the 1st and 2nd Defendants herein be awarded the costs of this application.
The application is supported by the Affidavit of CHARLES BENEDICT MWONGELA, the Advocate for the 2nd Defendant and has the following grounds: -
The Plaintiff instituted this suit against the 1st and 2nd Defendants on or about 16/1/2006 vide a plaint dated 12/1/2006.
Upon being served with the Plaint and Summons to enter appearance the 1st and 2nd Defendants entered appearance and filed Defence on 8/3/2006 to which the Plaintiff did not file a reply.
Ever since this suit was filed the Plaintiff has not taken any initiative to set the suit down for hearing yet it is now well over four (4) years since suit was filed and this clearly manifests her lack of interest in prosecuting the matter.
In the Interest of Justice, the Plaintiff is an old lady who is unrepresented and should be heard. The Applicant is not opposed to the suit being heard on merits. I find it necessary for the application not to be allowed so that the main suit can be heard on its merits. Costs shall be in the cause.
It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 10TH DAY OF MAY, 2016 IN THE PRESENCE OF:-
CC: Daniel/Lilian
Ojiambo present for 1st and 2nd Defendants
Beatrice Kanjiru-Plaintiff
Kieti for 3rd Defendant.
P.M.NJOROGE
JUDGE