Charles Njeru Munyi v Margaret Nduta Karanja [2017] KEHC 7649 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT CHUKA

CHUKA ELC CASE NO 05 OF 2017

FORMERLY MERU ELC CASE NO.05 OF 2015

IN THE MATTER OF SECTION 17 OF THE MARRIED WOMEN’S PROPERTY ACT (1882)

AND

IN THE MATTER OF THE CONSTITUTION (CHAPTER 4 ART 45 (3)

AND

IN THE MATTER OF SECTION 3 (1) OF THE JUDICATURE ACT CAP 8 OF THE LAWS OF KENYA

BETWEEN

CHARLES NJERU MUNYI………………………………………..PLAINTIFF

VERSUS

MARGARET NDUTA KARANJA………………………...……..DEFENDANT

RULING

1. When the parties were to come to court on 28. 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 28th day of February, 2017 in the presence of:

CA: Ndegwa

Parties - absent

P.M. NJOROGE

JUDGE