Clarence Nyaga Mbuih v Frankline Kinyua [2017] KEHC 7537 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT CHUKA

CHUKA ELC CASE NO 28 OF 2017

FORMERLY MERU ELC CASE NO.49 OF 2015

CLARENCE NYAGA MBUIH.........................................PLAINTIFF

VERSUS

FRANKLINE KINYUA................................................DEFENDANT

RULING

1. Parties were issued with a notice 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.

2. On 28. 2.2017 the defendant and/or his advocate were not in court.

3. Miss Kaaria holding brief for Mr Nyamu Nyaga, for the plaintiff told the court that Mr.Nyamu Nyaga had lost contact with his client.  She asked that Mr. Nyamu Nyaga be granted more time to seek instructions from his client.

4. I note that from July, 2015 when this suit was filed, the matter has not been brought before a Judge or any other judicial officer.

5. I find that the parties have NOT shown to the satisfaction of this court why this suit should NOT be dismissed.

6. This suit is dismissed.

7. It is so ordered.

Delivered in open court at Chuka this 28th day of February, 2017 in the presence of:

CA: Ndegwa

M/S Kaaria h/b Nyamu for the Plaintiff

Defendant or Advocate Absent

P. M. NJOROGE,

JUDGE