Richard Michemi Mwagirua v Erustus Njeru M’raini [2017] KEELC 1006 (KLR) | Dismissal For Want Of Prosecution | Esheria

Richard Michemi Mwagirua v Erustus Njeru M’raini [2017] KEELC 1006 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND  COURT AT CHUKA

CHUKA ELC CASE NO. 152  OF 2017

FORMERLY MERU ELC 140 OF 2012

RICHARD MICHEMI MWAGIRUA………………PLAINTIFF

VERSUS

ERUSTUS NJERU M’RAINI…………………DEFENDANT

RULING

1. When the parties were to come to court on 29. 11. 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 29th day of November, 2017

in the presence of:

CA: Ndegwa

Parties not in court

P.M. NJOROGE

JUDGE