Loyford Njagi Mwiandi v Chairman, Muthambi Division Land Dispute Tribunal & Antony Murithi M’ithari [2017] KEELC 3139 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA  MISC JR CASE NO. 06 OF 2017

FORMERLY MERU CIVIL APP. CASE NO. 80 OF 2011

IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW ORDERS OF CERTIORARI AGAINST MUTHAMBI DIVISION LAND DISPUTE TRIBUNAL

AND

IN THE MATTER OF MUTHAMBI DIVISION LAND DISPUTE TRIBUNAL CASE NO. 22 OF 2010

AND

IN THE MATTER OF LAND PARCEL NO. MUTHAMBI/GATUA/463

LOYFORD NJAGI MWIANDI..............................................EX-PARTE APPLICANT

VERSUS

CHAIRMAN, MUTHAMBI DIVISION LAND DISPUTE TRIBUNAL....RESPONDENT

ANTONY MURITHI M’ITHARI.....................................................INTERESTED PARTY

RULING

1. Parties were to come to court to show cause why the suit should not be dismissed for want of prosecution in terms of order 17 Rule 2(1) of the Civil Procedure Rules.

2. The Applicant and the Interested party, despite service did not come to court.

3. Mr. Kiongo, for the AG for the Respondent, told the court that the applicant and his advocate had not come to court to show cause why this suit should not be dismissed for want of prosecution. He urged the court to dismiss the suit.

4. I find that the parties have not come to court to show cause why this suit should not be dismissed.

5. In the circumstances, this suit is dismissed.

6. It is so ordered.

Delivered in open court at Chuka this 15th day of March, 2017 in the presence of:

CA: Ndegwa

Kiongo for the Respondent

Other parties absent

P.M. NJOROGE

JUDGE