Patrick M. Nyaga, Mutua Nyaga, Kimathi Nyaga, Kirugu Nyaga, Gladys Nyaga & Rose Nyaga v M’Riri M’Irambu [2017] KEELC 2255 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC CASE NO 96 OF 2017

FORMERLY MERU ELC CASE NO. 122 OF 2006

PATRICK M. NYAGA……..……………………………………..1ST PLAINTIFF

MUTUA NYAGA…………………………………………..……2ND PLAINTIFF

KIMATHI NYAGA……….………………………………………3RD PLAINTIFF

KIRUGU NYAGA………….…………………………………….4TH PLAINTIFF

GLADYS NYAGA………………………………………………5TH PLAINTIFF

ROSE NYAGA…………………………………………………..6TH PLAINTIFF

VERSUS

M’RIRI  M’IRAMBU……....……………………………………..….DEFENDANT

RULING

1. Parties were to come to court on 10. 7.2017 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.

2. Only the 1st Plaintiff, Patrick M. Nyaga, came to court. The other parties were absent.

3. The 1st plaintiff told the court that he had filed another case against the defendant at Meru. He proffered that it was suit No. 122 of 2005. He did not indicate that he was interested in prosecuting this case. By their absence, the other plaintiffs are clearly not keen in prosecuting this case.

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

5. In the circumstances, this suit is dismissed.

6. No order as to costs is issued.

7. It is so ordered.

Delivered in open court at Chuka this 10th day of  July, 2017 in the presence of:

CA: Ndegwa

Patrick M. Nyaga – 1st plaintiff

P.M. NJOROGE

JUDGE