County Council of Tharaka & County Government of Tharaka Nithi v Tharaka North District Land Disputes Tribunal,Bernard K. Nkanga & Agnes Matiira Kamwara [2018] KEELC 3321 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA JUDICIAL REVIEW CASE NO. 01 OF 2017

FORMERLY MERU JUDICIAL REVIEW CASE NO. 27 OF 2010

COUNTY COUNCIL OF THARAKA.......................EX-PARTE APPLICANT

COUNTY GOVERNMENT OF

THARAKA NITHI.................................INTENDED EX-PARTE APPLICANT

VERSUS

THARAKA NORTH DISTRICT

LAND DISPUTES TRIBUNAL...................................................RESPONDENT

BERNARD K. NKANGA.................................................INTERESTED PARTY

AGNES MATIIRA

KAMWARA........................APPLICANT/INTENDED INTERESTED PARTY

RULING

1. When the parties were to come to court on 17. 5.2018 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, only the Respondent and the Interested Party turned up. The ex-parte applicant was not in court. His advocate was also not in court.

2. I am satisfied that the apposite notice was properly issued.

3. Mr. Kiongo and Mr. Mutegi for the Respondent and Interested Party, respectively, asked the court to dismiss the suit for want of prosecution with costs to their clients.

4. 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.

5. The suit, therefore, merits dismissal.

6. The suit is dismissed.

7. Costs are awarded to the Respondent and the Interested Party.

8. It is so ordered.

Delivered in open Court at Chuka this 17th day of May, 2018

in the presence of:

CA: Ndegwa

Kiongo present for the Respondent

Mutegi present for the Interested Party

P.M. NJOROGE

JUDGE