Daniel Kiambati Kajiu v Japhet Kithure Ruguru & 2 others [2018] KEELC 4829 (KLR) | Dismissal For Want Of Prosecution | Esheria

Daniel Kiambati Kajiu v Japhet Kithure Ruguru & 2 others [2018] KEELC 4829 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC CASE NO. 176  OF 2017

FORMERLY MERU ELC. 244 OF 2013

DANIEL KIAMBATI KAJIU..................................................PLAINTIFF

VERSUS

JAPHET KITHURE RUGURU & 2 OTHERS.................DEFENDANTS

RULING

1. When the parties were to come to court on 18. 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 18th day of January, 2018

in the presence of:

CA: Ndegwa

Parties not in court

P.M. NJOROGE

JUDGE