DICKSON MUSYOKI MAUNDU V KANGUNDO FARMING & 7 OTHERS [2009] KEHC 2140 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (MILIMANI LAW COURTS)

CIVIL SUIT 354 OF 2004

DICKSON MUSYOKI MAUNDU........................................... PLAINTIFF

VERSUS

KANGUNDO FARMING &

RANCHING COMPANY (ITHANGA) LTD)

JOSHUA MAKAU MBUVI

PETER MUTUKU NGANGA

DAVID MBAI MUSYATI

JASPER NTWIGA MWENDA

T/A NTWIGA MWENDA

LAND SURVEYORS............................... DEFENDANTS/RESPONDENT

RULING

From what has been brought to my attention during the hearing of the Defendant’s Notice of Motion dated 25th March 2009 particularly the fact that the plaintiff/Respondent has not attempted to explain his failure to prosecute this suit for more than three years and in the light of the Ruling by Justice Ransley dated 11th April 2005 which has not been appealed against, I do not find any merits in the Defendant’s/Respondent’s opposition to the Notice of Motion.  Accordingly, the said Notice of Motion is hereby granted and the Respondent’s suit hereby dismissed with cots for want of prosecution under order XVI Rule 5 of the Civil Procedure Rules.

Dated this 17th day of July 2009.

J.M. KHAMONI

JUDGE