Jane Wanjira Njoka (Administrator of the estate of Gitonga Mberia –Deceased) v King Prime International Ltd, Fredrick Roy Mugo, Charity K. Mugo,Suresh B. M. Patel t/a Sparko General & Julius Nderitu Kuria [2017] KEELC 3126 (KLR) | Dismissal For Want Of Prosecution | Esheria

Jane Wanjira Njoka (Administrator of the estate of Gitonga Mberia –Deceased) v King Prime International Ltd, Fredrick Roy Mugo, Charity K. Mugo,Suresh B. M. Patel t/a Sparko General & Julius Nderitu Kuria [2017] KEELC 3126 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA  MISC JR CASE NO. 05 OF 2017

FORMERLY MERU MISCELLANEOUS CIVIL APPLICATION CASE NO.129 OF 2012

JANE WANJIRA NJOKA (ADMINISTRATOR OF THE ESTATE OF GITONGA MBERIA –DECEASED)…PETITIONER

VERSUS

KING PRIME INTERNATIONAL LTD…………….......1ST RESPONDENT

FREDRICK ROY MUGO…………………………..….2ND RESPONDENT

CHARITY K. MUGO………………………………..….3RD RESPONDENT

SURESH B. M. PATEL T/A SPARKO GENERAL……4TH RESPONDENT

JULIUS NDERITU KURIA……………………………...5TH RESPONDENT

RULING

1. When the parties were to come to court on 15. 3.2017 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 March, 2017 in the presence of:

CA: Ndegwa

Parties - absent

P.M. NJOROGE

JUDGE