M’Wabengi M’Warucha Alias Elisio Nyaga v Mwarania Muchuri Ikurii, District Land Adjudication & Settlement Officer, Chuka & Attorney General [2017] KEELC 618 (KLR) | Dismissal For Want Of Prosecution | Esheria

M’Wabengi M’Warucha Alias Elisio Nyaga v Mwarania Muchuri Ikurii, District Land Adjudication & Settlement Officer, Chuka & Attorney General [2017] KEELC 618 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC CASE NO. 249 OF 2017

FORMERLY MERU ELC CASE NO.109 OF 2010

M’WABENGI M’WARUCHA alias ELISIO NYAGA........PLAINTIFF

VERSUS

MWARANIA MUCHURI IKURII.............................1ST DEFENDANT

THE DISTRICT LAND ADJUDICATION &

SETTLEMENT OFFICER, CHUKA.......................2ND DEFENDANT

THE HON. ATTORNEY GENERAL......................3RD DEFENDANT

RULING

1. Parties were to come to court on 14. 12. 2017 to show cause why the suit should not be dismissed for want of prosecution. Advocate Nyamu  Nyaga for the plaintiff  turned up. He told the court that he could not trace his client. He expressed his wish to withdraw from the case.

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

3. In the circumstances, this suit is dismissed.

4. It is so ordered.

Delivered in open court at Chuka this 14th day of December, 2017 in the presence of:

CA: Ndegwa

Nyamu Nyaga for the plaintiff

P. M. NJOROGE

JUDGE