Moses Gitonga Gaichu v District Commissioner, Tharaka North District & 3 others [2018] KEELC 3697 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND  COURT

AT CHUKA

CHUKA ELC PETITION CASE NO. 04  OF 2017

FORMERLY MERU ELC CIVIL APPEAL  NO. 01 OF 2013

MOSES GITONGA GAICHU...............................................APPELLANT

VERSUS

THE DISTRICT COMMISSIONER, THARAKA

NORTH DISTRICT & 3 OTHERS................................RESPONDENTS

RULING

1. When the parties were to come to court on 3. 5.2018 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 3rd day of May, 2018

in the presence of:

CA: Ndegwa

Parties not in court

P.M. NJOROGE

JUDGE