Elizabeth Kairigo (suing as the administrator of the estate of Baikalaba M'limungi) v M'ikiao Amuru, Silvesta Lubetaa, Makelina Kanocia Francis, Godfrey Mugao Amuru, Dominic Murangiri, Philip Kairithia Mugwika & Tigania West Dist. Adj & Settl. Officer [2015] KEHC 2387 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL SUIT NO. 53 OF 2012

ELIZABETH KAIRIGO (suing as the administrator of the estate of

BAIKALABA M'LIMUNGI.............................................................................PLAINTIFF

VERSUS

M'IKIAO AMURU.............................................................................1ST DEFENDANT

SILVESTA LUBETAA......................................................................2ND DEFENDANT

MAKELINA KANOCIA FRANCIS..................................................3RD DEFENDANT

GODFREY MUGAO AMURU.........................................................4TH DEFENDANT

DOMINIC MURANGIRI...................................................................5TH DEFENDANT

PHILIP KAIRITHIA MUGWIKA.......................................................6TH DEFENDANT

THE TIGANIA WEST DIST. ADJ & SETTL. OFFICER................7TH DEFENDANT

R U L I N G

This application, by the defendants, is dated 10th July, 2013.

It seeks the following orders:

1. THATthis suit be dismissed for want of prosecution.

2. THAT  in the event that this suit is not dismissed the plaintiff be ordered to deposit security of cost in court.

3. THAT the cost of this application be in cause.

It has the following grounds:

1. THAT the plaintiff in this case is not serous in prosecuting her case.

2. THAT since the filing of this suit the plaintiff has never taken any step to prosecute the  matter.

3. THAT the plaintiff filed HCC NO. 98 OF 2011 against the same parties over the same subject matter and after failing to prosecute the same she withdrew the same.

4. THATthe plaintiff in this suit has failed to pay costs awarded in HCC NO. 98 OF 2011.

During mention for directions on 28. 9.2015, Mr. Ondieki for 1st to 7th defendants, told the court that in the interest of expeditious disposal of the suit, he wished to withdraw the application. His oral application was not opposed by the other parties. In the circumstances, the application is marked as withdrawn and settled with no order as to costs.

It is so ordered.

Delivered in Open court at Meru this 28th day of September, 2015 in the presence of:

Cc. Lilian/Daniel

Omwega h/b Njiru for the Plaintiff

Ondieki for 1st to 7th defendants

Kieti for 8th defendants

P. M. NJOROGE

JUDGE