Republic v Chairman Muthambi Division Land Dispute Tribunal Ex-parte Loyford Njagi Mwiandi [2017] KEELC 655 (KLR) | Dismissal For Want Of Prosecution | Esheria

Republic v Chairman Muthambi Division Land Dispute Tribunal Ex-parte Loyford Njagi Mwiandi [2017] KEELC 655 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC MISCELLANEOUS APPLICATION CASE NO. 08 OF 2017

FORMERLY MERU ELC MISCELLANEOUS APPLICATION CASE NO. 68 OF 2011

IN THE MATTER OF AN APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW ORDERS OF CERTIORARI AGAINST MUTHAMBI DIVISION LAND DISPUTE TRIBUNAL

AND

IN THE MATTER OF MUTHAMBI DIVISION LAND DISPUTE TRIBUNAL CASE NO. 22 OF 2010

AND

IN THE MATER OF LAND PARCEL NO. MUTHAMBI/GATUA/463

LOYFORD NJAGI MWIANDI……...................………….….EX-PARTE APPLICANT

VERSUS

CHAIRMAN MUTHAMBI DIVISION LAND DISPUTE TRIBUNAL.….RESPONDENT

ANTONY MURITHI M’ITHARI………......................……........INTERESTED PARTY

RULING

1. When the parties were to come to court on 20. 12. 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 17rule 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 20th day of December, 2017 in the presence of:

CA: Ndegwa

Parties not in court

P.M. NJOROGE

JUDGE