Mugendi Edwin v Timothy Micheni Kanampiu [2017] KEELC 619 (KLR) | Dismissal For Want Of Prosecution | Esheria

Mugendi Edwin v Timothy Micheni Kanampiu [2017] KEELC 619 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC CASE NO. 171 OF 2017

FORMERLY MERU ELC CASE NO. 200 OF 2012

MUGENDI EDWIN...............................................PLAINTIFF

VERSUS

TIMOTHY MICHENI KANAMPIU...................DEFENDANT

RULING

1. This matter came up on 18. 12. 2017 for parties to show cause why the suit should not be dismissed for want of prosecution.

2. The plaintiff told the court that his advocate had informed him that he was on his way to the court. He was given time to allow his advocate to come to court.

3. Over one hour later, the plaintiff’s advocate was not in court.

4. I find that no cause has been shown to the satisfaction of the court that the suit should NOTbe dismissed.

5. In the circumstances, the suit is dismissed.

6. Delivered in open court at Chuka this 18th day of December, 2017

in the presence of:

CA: Ndegwa

Mugendi Edwin – plaintiff

P.M. NJOROGE

JUDGE