Gilbert Kathenya v Evangeline Kanyua Mwiandi (being sued as the administratrix of the estate of Mwiandi Kaimbiru (Deceased) [2017] KEHC 7785 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT CHUKA

CHUKA ELC CASE NO 33 OF 2017

FORMRLY MERU ELC CASE NO.8 OF 2014

GILBERT KATHENYA…………………….……………....………....PLAINTIFF

VERSUS

EVANGELINE KANYUA MWIANDI (being sued as the administratrix of the

estate of MWIANDI KAIMBIRU(DECEASED)………….....…...DEFENDANT

RULING

1. This matter came up today for parties to show cause why the suit should not be dismissed for want of prosecution in terms of order 17 rule 2(1) of the Civil Procedure Rules.

2. I find that the apposite notice had been properly issued.

3. The plaintiff has failed to come to court to show cause why this suit should not be dismissed.

4. The defendant has supported dismissal of the suit with costs.

5. The parties have not shown to the satisfaction of the court why this suit should NOTbe dismissed.

6. This suit is dismissed.

7. Costs are awarded to the defendant.

8. It is so ordered.

Delivered in open court at Chuka this 21st day of February, 2017 in the presence of :

CA: Ndegwa

D.J. Mbaya for the Defendant

Plaintiff or Advocate Absent

P. M. NJOROGE

JUDGE