Republic v Chairman (Land Disputes Tribunal Meru South) & Jediel Gitari Mwathani ex-parte Mwathani Njeru [2017] KEELC 3052 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA  MISC JR CASE NO. 03 OF 2017

FORMERLY MERU MISCELLANEOUS CIVIL APPLICATION CASE NO.41 OF 2010

IN THE MATTER OF AN APPLICATION FOR ORDERS OF JUDICIAL REVIEW IN THE NATURE OF CERTIORARI

AND

IN THE MATTER OF SS 8 & 9 OF THE LAW REFORE ACT, CAP 26 LAWS OF KENYA

AND

IN THE MATTER OF LAND DISPUT TRIBUNAL CASE NO. 7 OF 2009 (CHUKA) AND

CHUKA PRINCIPAL MAGISTRATE’S LDT NO. 2 OF 2010

AND

IN THE MATTER OF LR NO. KARINGANI MUGIRIRWA/2356

BETWEEN

REPUBLIC.....................................................................................................APPLICANT

VERSUS

CHAIRMAN (LAND DISPUTES TRIBUNAL MERU SOUTH).......1ST RESPONDENT

JEDIEL GITARI MWATHANI.............................................................2ND RESPONDENT

MWATHANI NJERU........................................................................................EX-PARTE

RULING

1. When the parties were to come to court on 15. 3.2017 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 March, 2017 in the presence of:

CA: Ndegwa

Parties - absent

P. M. NJOROGE

JUDGE