Isaac Nyaga B. Njagi v Chairman Maara District Land Disputes Tribunal,Attorney General & Salesiu Miriti Aphaxard [2017] KEELC 3044 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA  MISC JR CASE NO. 02 OF 2017

FORMERLY MERU CIVIL APPLICATION CASE NO. 88 OF 2011

ISAAC NYAGA B. NJAGI…………………………………...APPLICANT

VERSUS

THE CHAIRMAN MAARA DISTRICT

LAND DISPUTES TRIBUNAL…………………..1ST  RESPONDENT

THE ATTORNEY GENERAL……………………..2ND RESPONDENT

SALESIU MIRITI APHAXARD………………......INTERESTED PARTY

RULING

1. Parties were to come to court on 15. 3.2017 to show cause why the suit should not be dismissed for want of prosecution in terms of order 17 Rule 2 of the Civil Procedure Rules.

2. Mr. Mark Muriithi whose firm was on record as representing the applicant told the court that he was not seized of the matter.

3. Mr. Kiongo told the court that as the applicant was not in court to show cause why the suit should not be dismissed and his advocate on record had said that he was not seized of the matter, the suit merited dismissal.

4. I find that the parties have not shown to the satisfaction of the court why the suit should not be dismissed.

5. In the circumstances, this suit is dismissed.

6. It is so ordered.

Delivered in open court at Chuka this 15th day of March, 2017

in the presence of:

CA: Ndegwa

Mark Muriithi for the Applicant

Kiongo for the Respondent

P.M. NJOROGE,

JUDGE