M’mbwiria M’njau v Ediel Kirimi M’bwani, K. Rep Bank Ltd & Joseph Gikonyo t/a Garam Investment [2017] KEELC 3115 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC CASE NO 33 OF 2017

FORMERLY MERU ELC CASE NO.171 OF 2011

M’MBWIRIA M’NJAU…..…..................…….....PLAINTIFF

VERSUS

EDIEL KIRIMI M’BWANI……..................1ST DEFENDANT

K. REP BANK LTD………...................…2ND DEFENDANT

JOSEPH GIKONYO T/A……..................3RD DEFENDANT

GARAM INVESTMENT…...................….4TH DEFENDANT

RULING

1. When the parties were to come to court on 06. 04. 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 6th day of April, 2017 in the presence of:

CA: Ndegwa

Parties absent

P. M. NJOROGE

JUDGE