Francis Magwanthi Ibua v Cypriano Kigorwe [2016] KEELC 1234 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

ENVIRONMENT AND LAND COURT

ELC CASE NO 72 OF 2004 (OS)

FRANCIS MAGWANTHI  IBUA.................................................PLAINTIFF

VERSUS

CYPRIANO KIGORWE...........................................................DEFENDANT

R U L I N G

Notice had been issued for parties to show cause why this suit  should not be dismissed for want of prosecution in terms of Order 17 of the Civil Procedure Rules.

Mr. Nyauchi, for the Plaintiff, urged the Court not to dismiss the suit as all the parties were eager to have the suit heard and determined. Mr. Kiogora , holding brief for Mr. Rimita, told the Court that the Defendant would like  the suit heard and determined  on its merits.

I find that the parties have satisfied this Court that the suit should not be dismissed.  In the circumstances, the suit is not dismissed .

It is so ordered.

Delivered in open Court at Meru this 14th day of March, 2016 in the presence of:-

CC: Daniel/Lilian

Baikiara for the Defendant

P.M NJOROGE

JUDGE