John Muthika M'itobi & Peter Mugaa v Ntarangwi M'aranju M'maraki, Isaac M'thirari M'nabea, Silas Mwirigi A. Kanyamu, Peter Kukundi Mungania, Njira Thameru, Solomon Ayubu, Thilange M'ikenda, Staney Miaka, David Maore, John Ntarangwi P Mwimbi & Joseph Meeme M'imara [2016] KEHC 5879 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL SUIT NO 159 OF 2008

JOHN MUTHIKA M'ITOBI ….......................................1ST PLAINTIFF/APPLICANT

PETER MUGAA.............................................................2ND PLAINTIFF/APPLICANT

VERSUS

NTARANGWI M'ARANJU M'MARAKI..... ............1ST DEFENDANT/RESPONDENT

ISAAC M'THIRARI M'NABEA ...............................2ND DEFENDANT/RESPONDENT

SILAS MWIRIGI A. KANYAMU...............................3RD DEFENDANT/RESPONDENT

PETER KUKUNDI MUNGANIA................................4TH DEFENDANT/RESPONDENT

NJIRA THAMERU....................................................5TH DEFENDANT/RESPONDENT

SOLOMON AYUBU ….............................................6TH DEFENDANT/RESPONDENT

THILANGE M'IKENDA.............................................7TH DEFENDANT/RESPONDENT

STANEY MIAKA.........................................................8TH DEFENDANT/RESPONDENT

DAVID MAORE ….....................................................9TH DEFENDANT/RESPONDENT

JOHN NTARANGWI P. MWIMBI.............................10th  DEFENDANT/RESPONDENT

JOSEPH MEEME M'IMARA....................................11TH DEFENDANT/RESPONDENT

R U L IN G

Parties have been directed by the Deputy Registrar to obtain directions regarding hearing them on the notice to show cause why the suit should not be dismissed for want of prosecution.

Contrary to the instructions given to Advocate Gichunge by Advocate, B. G. Kariuki, the parties were directed by the Deputy Registrar  on 01. 09. 2015 to obtain a date for hearing of the Notice to show cause why this suit should not be dismissed for want of prosecution.

On 06. 07. 2015, the Honourable Githinji, J, Judge directed as follows:-

“Mention before Deputy Registrar on September 1st for a hearing date.

if parties do not  attend, the  matter, stands dismissed”.

On 1st September, only the Plaintiff was present. Advocate Leekona was present for  the Plaintiffs.  No one represented the Defendants.

The parties  were ordered by the Deputy Registrar to obtain a hearing date from the Registry. On 9. 02. 2016, the parties obtained a date for directions from the Registry. The date given was 30th of March,2016.

On this date the Plaintiffs were represented by Mr. Gichunge holding brief for the plaintiffs.  The defendants were not represented.

Today's  date for directions was deemed by the Court  to be the date when the parties would  show cause why the suit should  not be dismissed for want of prosecution in terms of order 17, CPR. It is noted that, although Mr. B.G Kariuki, had instructed Mr. Gichunge to hold brief for him, he gave him misleading instructions .  Today's date  was for directions for the parties to show cause why the suit  should not be dismissed for want of prosecution. I find that the parties have not shown cause why this suit should not be dismissed for want of prosecution. I therefore dismiss  the suit. In the words used by the Hon. Justice Githinji on 06. 07. 2015, the suit stands dismissed.

It is so ordered .

DELIVERED IN COURT AT MERU THIS  30TH DAY OF MARCH, 2016 IN THE PRESENCE OF:-

CC: Lilian

Gichunge h/b B.G. Kariuki for the Plaintiffs.

P.M. NJOROGE

JUDGE