Nicodemus Njuki Kanyaru v Kathenya Mutiga Rugunya [2017] KEELC 2191 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC [CA] CASE NO 16 OF 2017

FORMERLY MERU ELC [CA] CASE NO.  74 OF 2013

NICODEMUS NJUKI KANYARU .……………….APPELLANT

VERSUS

KATHENYA MUTIGA RUGUNYA……………..RESPONDENT

RULING

1. When the parties were to come to court on 13. 7.2017 to show cause why this suit should not be dismissed for want of prosecution in terms of order 42 rule 35(2) 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 Appeal should not be dismissed for want of prosecution in terms of Order 42 Rule 35 (2) 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 13th day of July, 2017

in the presence of:

CA: Ndegwa

Parties -absent

P.M. NJOROGE

JUDGE