Fredrick Mutegi Thara v M’Arimi M’Athara & 2 others [2017] KEELC 699 (KLR) | Dismissal For Want Of Prosecution | Esheria

Fredrick Mutegi Thara v M’Arimi M’Athara & 2 others [2017] KEELC 699 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC MISCELLANEOUS APPLICATION CASE NO. 11 OF 2017

FORMERLY MERU ELC MISCELLANEOUS APPLICATION CASE NO. 21 OF 2014

FREDRICK MUTEGI THARA......................................APPLICANT

VERSUS

M’ARIMI M’ATHARA & 2 OTHERS..................RESPONDENTS

RULING

1. When the parties were to come to court on 20. 12. 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 17rule 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 20th day of December, 2017 in the presence of:

CA: Ndegwa

Parties not in court

P.M. NJOROGE

JUDGE