John Mati Njoka v Jasper Ndeke Shadrack [2017] KEHC 6379 (KLR) | Dismissal For Want Of Prosecution | Esheria

John Mati Njoka v Jasper Ndeke Shadrack [2017] KEHC 6379 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT CHUKA

CHUKA ELC CA CASE NO 01 OF 2017

FORMERLY MERU ELC CA CASE NO.116 OF 2001

JOHN MATI NJOKA..............................................................PLAINTIFF

VERSUS

JASPER NDEKE SHADRACK..........................................DEFENDANT

RULING

1. When the parties were to come to court on 22. 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 22nd day of March, 2017 in the presence of:

CA: Ndegwa

Parties absent

P.M. NJOROGE

JUDGE