Benjamin Kariuki Ngai v Humphrey Mugambi Ngeti [2018] KEELC 4821 (KLR) | Dismissal For Want Of Prosecution | Esheria

Benjamin Kariuki Ngai v Humphrey Mugambi Ngeti [2018] KEELC 4821 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC CASE NO. 181  OF 2017

FORMERLY MERU ELC. 106 OF 2013

BENJAMIN KARIUKI NGAI………...….........….PLAINTIFF

VERSUS

HUMPHREY MUGAMBI NGETI…...….......... DEFENDANT

RULING

1. When the parties were to come to court on 17. 1.2018 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 17th day of January, 2018 in the presence of:

CA: Ndegwa

Parties not in court

P.M. NJOROGE

JUDGE