Peter Ndeke Mate v Zakaria Nkune & 8 Others [2018] KEELC 4064 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC CASE NO. 229  OF 2017

FORMERLY EMBU CIVIL CASE NO. 92 OF 1997

PETER NDEKE MATE..................................PLAINTIFF

VERSUS

ZAKARIA NKUNE & 8 OTHERS...........DEFENDANTS

RULING

1. This court issued a Notice 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 notice was dated 21st February, 2018 and the parties were to show cause on 15th March, 2018.

2. I do note that after the Notice was issued, the plaintiff’s advocate, Messrs Duncan Muyodi & Co, on 15th March, 2018 filed the Plaintiff’s List of Documents.

3. During the day when cause was to be shown, that is on 15th March, 2018, Miss Kithaka holding brief for Mr.Muyodi, the plaintiff’s advocate told the court that this matter had been transferred from Embu. She further told the court that the plaintiff required 45 days to substitute some of the deceased defendants.

4. Mr. I.C. Mugo, holding brief for Mr. Joe Kathungu, the defendant’s advocate, told the court that the suit was ripe for dismissal under Order 17 of the Civil Procedure Rules for want of the prosecution. He postulated that the plaintiff had not shown cause why the suit should not be dismissed. Cause having not been shown, he opined that the court should go ahead to dismiss the suit.

5. Mr. Mugo went on to submit that the plaintiff did not have to wait until he was moved by the court. He also pointed out that the plaintiff had not told the court which party had died and when.

6. I agree with Mr. Mugo that cause has not been shown as to why this suit should not be dismissed for non-prosecution in terms of the provisions of Order 17 of the Civil Procedure Rules. More so, as the court notes that this suit was first filed in 1997, 21 years ago.

7. In the circumstances, this suit is dismissed.

8. It is so ordered.

Delivered in open court at Chuka his 21st day of March, 2018 in the presence of:

CA: Ndegwa

I.C. Mugo h/b Joe Kathungu for the defendants

Miss Wanjohi h/b Akwalu for the plaintiff

P.M. NJOROGE

JUDGE