John Thukukobia & another v Charles Malonza & others [2017] KEELC 3452 (KLR) | Dismissal For Want Of Prosecution | Esheria

John Thukukobia & another v Charles Malonza & others [2017] KEELC 3452 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN The ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC CASE NO 92 OF 2017

FORMERLY MERU ELC CASE NO. 38 OF 1997

JOHN THUKUKOBIA & ANO……........….PLAINTIFF

VERSUS

CHARLES MALONZA & OTHERS…..DEFENDANTS

RULING

1. When the parties were to come to court on 8. 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 8th day of March, 2017 in the presence of:

CA: Ndegwa

Parties -absent

P.M. NJOROGE

JUDGE