Silas Marigu Mwaria v Ayub Muchege Murigo [2017] KEELC 602 (KLR) | Dismissal For Want Of Prosecution | Esheria

Silas Marigu Mwaria v Ayub Muchege Murigo [2017] KEELC 602 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT CHUKA

ELC CASE NO. 100  OF 2017

FORMERLY MERU ELC 121 OF 2008 (OS)

SILAS MARIGU MWARIA.....................................PLAINTIFF

VERSUS

AYUB MUCHEGE MURIGO..............................DEFENDANT

RULING

1. When the parties were to come to court on 14. 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 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 14th day of December, 2017 in the presence  of:

CA: Ndegwa

Parties not in court

P.M. NJOROGE

JUDGE