Monica Karegi Mugambi & Andrew (Andrea Murunga Mugambi) v Alois Mugambi M' Mwirichia & Diocese of Meru Trustees (Registered) [2016] KEHC 818 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL SUIT NO. 103 OF 2012

MONICA KAREGI MUGAMBI......................................................1ST PLAINTIFF

ANDREW (ANDREA MURUNGA MUGAMBI..........................2ND PLAINTIFF

VERSUS

ALOIS MUGAMBI M' MWIRICHIA..........................................1ST DEFENDANT

DIOCESE OF MERU TRUSTEES (REGISTERED).........2ND DEFENDANT

R U L I N G

1. The parties were required to come to Court on 11/11/2015 to show cause why the suit should not be dismissed.

2. The Plaintiff's Counsel told the Court that the Plaintiffs were eager to prosecute their case and said that that  is why on 01/07/2013 they had asked the Deputy Registrar  to raise the matter before a Judge for directions. They were to come for directions on 11/11/2013 but on that day, their Advocate  said that they had strived to get a date for hearing but the same was not forthcoming.  Their Advocate urged the Court not to dismiss the suit.

3. The Defendants' Advocate urged the Court to dismiss the suit.

4. In the interest of Justice , I find that cause has been shown to the satisfaction of the Court why the suit should NOT  be dismissed.

5. In the Circumstances, the suit is not dismissed.

6. The Plaintiffs are directed to fully comply with Order 11, CPR, within 45 days of this ruling and the Defendants are to fully comply with the said order within 45 days after they are served by the Plaintiffs with the apposite compliance documents.

7. Costs shall be in the cause.

8. It is so ordered.

DELIVERED IN OPEN COURT AT MERU THIS 30TH DAY OF NOVEMBER, 2016 IN THE PRESENCE OF:

CC: James/Daniel

Kimaita h/b Kioga for the Plaintiff

Muthomi h/b Rimita for the Defendant

P. M NJOROGE

JUDGE