Stephen Murungi M’tuaruchiu v Mpururu Peter Mauthi [ [2017] KEELC 708 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC CASE NO.  170    OF 2017

FORMERLY MERU ELC CASE NO. 23 OF 2012

STEPHEN MURUNGI M’TUARUCHIU ………………………PLAINTIFF

VERSUS

MPURURU PETER MAUTHI……..……………………...….DEFENDANT

RULING

1. Parties were to come to court on 18. 12. 2017 to show cause why the suit should not be dismissed for want of prosecution.

2. Mr. I.C Mugo who held brief for Mr. Kiogora for the plaintiff told the court that the suit had been settled by the parties out of court.

3. I find that settling the matter outside the court, and without allowing the court to know what has transpired, does not constitute cause to the satisfaction of the court that the suit should not be dismissed.

4. In the circumstance, this suit is dismissed.

5. There is no order as to costs.

6. It is so ordered.

Delivered in open court at Chuka this 18th day of December, 2017

in the presence of:

CA: Ndegwa

I.C Mugo h/b Kiogora for the plaintiff

P.M. NJOROGE

JUDGE