Peter Mutegi v Benjamin Kimenchu & another [2018] KEELC 4817 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC CASE NO. 105  OF 2017

FORMERLY MERU ELC.  103 OF 2007

PETER MUTEGI.......................................................PLAINTIFF

VERSUS

BENJAMIN KIMENCHU & ANO......................DEFENDANTS

RULING

1. This suit was filed in 2007. This court, on 29th June, 2017, gave notice asking the parties to come to court on 26. 7.2017, to show cause why the suit should not be dismissed for want of prosecution in terms of Order 17 Rule 2(1) of the Civil Procedure Rules.

2. The plaintiff’s advocate told the court that he had lost contact with his deceased client’s family. He asked for time to substitute the plaintiff. He was granted 60 days but never effected the substitution.

3. On 11th December, 2017, the plaintiff and his advocate were given 30 days to apply for an order to revive the suit as by law it was non-existent as it had abated. Parties were directed to come to court for directions on 29. 1.2018.

4. On 29. 1.2018, the parties did not come to court. The plaintiff’s advocate had not filed an application to have the suit reinstated.

5. In the circumstances, I find that the parties have not shown cause why the suit should not be dismissed for want of prosecution. I also find that the suit, by operation of law, remains abated against the plaintiff.

6. This suit is dismissed and should be removed from the record of pending files in the Environment and Land Court.

7. No costs are awarded.

8. It is so ordered.

Delivered in open court at Chuka this 29th day of January, 2018 in the presence of:

CA: Ndegwa

Parties absent

P.M. NJOROGE

JUDGE