Mary Karimi Baithumbi v Jacob Baithumbi & 3 others [2017] KEELC 692 (KLR) | Dismissal For Want Of Prosecution | Esheria

Mary Karimi Baithumbi v Jacob Baithumbi & 3 others [2017] KEELC 692 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND  COURT  AT CHUKA

CHUKKA ELC CASE NO. 172  OF 2017

FORMERLY MERU ELC 167  OF 2012

MARY KARIMI BAITHUMBI……..……….PLAINTIFF

VERSUS

JACOB BAITHUMBI & 3 OTHERS ….DEFENDANTS

RULING

1. When the parties were to come to court on 18. 12. 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 18th day of December, 2017 in the absence of:

CA: Ndegwa

Parties not in court

P.M. NJOROGE

JUDGE