Harriet Muthomi Mugambi v Geoffrey Mugambi, Nyaga M Karugutira, Charles Kinoti, Kariba Kithinji & Mutembei Kanampiu [2017] KEHC 7819 (KLR) | Dismissal For Want Of Prosecution | Esheria

Harriet Muthomi Mugambi v Geoffrey Mugambi, Nyaga M Karugutira, Charles Kinoti, Kariba Kithinji & Mutembei Kanampiu [2017] KEHC 7819 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT CHUKA

ELC CASE NO. 45  OF 2017

FORMERLY MERU ELC 172 OF 2014

HARRIET MUTHOMI MUGAMBI…………………….……….PLAINTIFF

VERSUS

GEOFFREY MUGAMBI………………………....……….1ST DEFENDANT

NYAGA M. KARUGUTIRA………………………………2ND DEFENDANT

CHARLES KINOTI………………………………………3RD DEFENDANT

KARIBA KITHINJI……………………………..…………4TH DEFENDANT

MUTEMBEI KANAMPIU…………………...…………….5TH DEFENDANT

RULING

1. When the parties were to come to court on 15. 2.2017 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 17 rule 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 15th day of February, 2017 in the absence of:

CA: Ndegwa

Plaintiff – absent

Defendants – absent

P.M. NJOROGE

JUDGE