Resident Magistrate, Marimanti Law Court & another v Maria Kaithi Rugia [2018] KEELC 3287 (KLR) | Dismissal For Want Of Prosecution | Esheria

Resident Magistrate, Marimanti Law Court & another v Maria Kaithi Rugia [2018] KEELC 3287 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA JUDICIAL REVIEW CASE NO. 15 OF 2017

FORMERLY MERU JUDICIAL REVIEW CASE NO.11 OF 2013

RESIDENT MAGISTRATE,

MARIMANTI LAW COURT & ANO...................RESPONDENTS

VERSUS

MARIA KAITHI RUGIA............................INTERESTED PARTY

RULING

1. When the parties were to come to court on 17. 05. 2018 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 17th day of May, 2018 in the presence of:

CA: Ndegwa

Kiongo present for the Respondents

Interested Party – absent

Ex-parte Applicant - absent

P.M. NJOROGE

JUDGE