Joses Miriti J. Mburia v Jacyline Ntuure M. Muthure [2017] KEELC 1364 (KLR) | Dismissal For Want Of Prosecution | Esheria

Joses Miriti J. Mburia v Jacyline Ntuure M. Muthure [2017] KEELC 1364 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC CASE NO 139 OF 2017

FORMERLY MERU ELC CASE NO. 19 OF 2011

JOSES MIRITI J. MBURIA…….………………................PLAINTIFF

VERSUS

JACYLINE NTUURE M. MUTHURE…..........………….DEFENDANT

RULING

1. When the parties were to come to court on 24. 10. 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, only the plaintiff turned 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 24th day of October, 2017 in the presence of:

CA: Ndegwa

Plaintiff present

Defendant absent

P.M. NJOROGE

JUDGE