Karuthu Magiri alias Mary Magiri (suing as the administratrix of the Estate of M’Magiri M’Anampiu v John Kaburu Magiri, Settlement Funds Trustee, M’Rutere M’Ngurathi & Florence Muthoni Abira Charles [2015] KEHC 1175 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL SUIT NO 14 OF 2006

KARUTHU MAGIRI alias MARY MAGIRI (Suing as the administratrix

of the  estate  of M’MAGIRI  M’ANAMPIU ................................................PLAINTIFF

VERSUS

JOHN KABURU MAGIRI ....................................................................1st DEFENDANT

SETTLEMENT FUNDS TRUSTEE.......................................................2ND DEFENDANT

M’RUTERE  M’NGURATHI.................................................................3RD DEFENDANT

FLORENCE MUTHONI ABIRA CHARLES .......................................4TH DEFENDANT

R U L I N G

Parties were issued with a Notice to show cause, Under Order 17 Rule 2 of the Civil Procedure Rules, why this suit should not be dismissed.

On 12/11/2015, Mr. Dickson Kimathi for the Plaintiff told the Court that his firm had filed an application to cease acting for the Plaintiff dated 30/01/2013. He told the Court that their firm had been directed to serve the application upon their Client, the Plaintiff. However, he said, they have been unable  to trace him.

Mr. Muthamia told  the Court that the suit should be dismissed because of non-prosecution.

I find that the parties have shown no cause to the satisfaction of this Court as to why this suit should not be dismissed.  This suit is, therefore dismissed.

I award no costs as the defendants have not demonstrated their  eagerness to have the suit heard expeditiously.

It is so ordered.

Delivered in open Court at Meru this 12th day of November, 2015 in the presence of:

CC: Lilian /Daniel

Dickson Kimathi for Plaintiffs

Muthamia for Defendants

P. M. NJOROGE

JUDGE