Nkabu Mukebu v Mutiira Mukembu & Emilio Mutegi Mburu [2017] KEHC 7813 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT CHUKA

CHUKA ELC CASE NO.47 OF 2017

FORMERLY MERU ELC CASE NO. 75 OF 2014

NKABU MUKEBU......................................................................PLAINTIFF

VERSUS

MUTIIRA MUKEMBU......................................................1ST DEFENDANT

EMILIO MUTEGI MBURU..............................................2ND DEFENDANT

RULING

1. When the parties were to come to court on 15. 2.2017 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 15th day of February, 2017 in the presence of:

CA: Ndegwa

Plaintiff – absent

Defendant – absent

P. M. NJOROGE

JUDGE