Mbaka Rithi & Njagi Rithi v Veronica Wanjiru Ngahu [2020] KEELC 433 (KLR) | Dismissal For Want Of Prosecution | Esheria

Mbaka Rithi & Njagi Rithi v Veronica Wanjiru Ngahu [2020] KEELC 433 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC MISCELLANEOUS CIVIL CASE NO.  02 OF 2020

MBAKA RITHI..................................................................1ST APPLICANT

NJAGI RITHI....................................................................2ND APPLICANT

VERSUS

VERONICA WANJIRU NGAHU.....................................RESPONDENT

RULING

1.  On 2nd June, 2020 this court directed that Notice be issued for parties to come to court on 19/10/2020 to show cause why this should not be dismissed for want of prosecution in terms of the provision of Order 17 Rule 2 of the Civil Procedure Rules.

2.  Despite Notice having been properly given, the parties did not come to court.

3.  On 19/10/2020, this court directed that Notice be issued for the parties to come to court on 24/11/2020 to show cause why the suit should not be dismissed for want of prosecution in terms of the provision of Order 17 Rule 2 of the Civil Procedure Rules.

4.  Once again, despite notice having been given, the parties did not come to court.

5.  I find that no cause has been shown to the satisfaction of this court that this suit should not be dismissed.

6.  In the circumstances, this suit is dismissed.

7.  I issue no order as to costs.

Delivered in open Court at Chuka this 1st day of December, 2020 in the presence of;

CA: Ndegwa

Parties/Advocates Absent.

P. M. NJOROGE,

JUDGE.