Charles Muthaura Mithika v M’mathaine M’mutungi [2017] KEELC 1474 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT OF KENYA

AT CHUKA

CHUKA ELC CASE NO. 123 OF 2017

FORMERLY MERU ELC CASE NO.104 OF 2010

CHARLES MUTHAURA  MITHIKA............................................PLAINTIFF

VERSUS

M’MATHAINE M’MUTUNGI....................................................DEFENDANT

RULING

1. When the parties were to come to court on 12. 10. 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 12th day of October, 2017 in the presence of:

CA: Ndegwa

Parties not in court

P.M. NJOROGE

JUDGE