Japhtet M' Ikiara M'mbichu v Stephen Kiambi M'amakia,Benjamin Gituma M'amakia,Director of Land Adjudication and Setlement,Director of Survey,Chief Land Registrar & Attoreny General [2014] KEHC 241 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

HCC NO. 10 OF 2004

JAPHTET  M' IKIARA  M'MBICHU...................................................................PLAINTIFF

VERSUS

STEPHEN KIAMBI M'AMAKIA............................................................1ST DEFENDANT

BENJAMIN GITUMA M'AMAKIA........................................................2ND DEFENDANT

DIRECTOR OF LAND ADJUDICATION AND SETLEMENT.….........3RD DEFENDANT

DIRECTOR OF SURVEY......................................................................4TH DEFENDANT

CHIEF LAND REGISTRAR..................................................................5TH DEFENDANT

ATTORENY GENERAL.......................................................................6TH  DEFENDANT

R U L I N G

This matter came up for the parties to show cause why the suit should not be dismissed for want of prosecution.  The plaintiff told the court that some documents were missing from the court file although he had the receipts acknowledging that he had paid filing fees.  He fervently told the court that his client was desirous of expeditiously prosecuting his case.

The defendants did not oppose dismissal.  In the circumstances, although reluctantly, I find that cause has been shown as to why the suit should not be dismissed for lack of prosecution.

I direct as follows:

Parties do comply with Order 11 CPR within 60 days.

After achievement of compliance, parties to obtain a date for directions from the registry in the next term.

Delivered in Open Court at Meru this 22nd day of October, 2014 in the presence of:

Cc Daniel/Lilian

Muthamia h/b Kiogora for 1st and 2nd defendants

Menge for 3th, 4th, 5th and 6th defendants.

P. M. NJOROGE

JUDGE