Daniel Mwanzea Mwendwa & 3 others v Jackson Muthengi Nyaga [2017] KEHC 7744 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT CHUKA

CHUKA ELC CASE NO 31 OF 2017

FORMRLY MERU ELC CASE NO.97 OF 2014

DANIEL MWANZEA MWENDWA……………...……………..1ST PLAINTIFF

STEPHENE MBUVI MWENDWA…………………………….2ND PLAINTIFF

CRYMANT MAASAI MWENDWA………………………..……3RD PLAINTIFF

JENNIFER MUTHEO…………………………………………4TH PLAINTIFF

VERSUS

JACKSON MUTHENGI NYAGA………..……………..…..…….DEFENDANT

RULING

1. When the parties were to come to court on 21. 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 21st day of February, 2017 in the presence of:

CA: Ndegwa

Parties present

P.M. NJOROGE

JUDGE