Stephen Mwithia M’ruuti v Joshua Muthuku,Isabella Nkina M’irera & Lawrence Kiriinya Iburi [2015] KEELRC 186 (KLR)

REPUBLIC OF KENYA

IN THE COURT OF KENYA AT MERU

O. S. SUIT NO 27  OF 2010

STEPHEN MWITHIA M’RUUTI................PLAINTIFF/APPLICANT

VERSUS

JOSHUA MUTHUKU..........................................1ST DEFENDANT

ISABELLA NKINA M’IRERA..............................2ND DEFENDANT

LAWRENCE KIRIINYA IBURI ............................3RD DEFENDANT

R U L I N G

On 10th November, 2015,  parties came to Court to show  cause why this suit should not be dismissed for want of prosecution in terms of Order 17 of the Civil Procedure Rules.

Mr. Edwin  Kimathi, holding brief for Mr. Kaumbi, said that the Plaintiff had in an Affidavit filed on 9th November, 2015 given substantial reasons why this suit should not be dismissed.  Among the reasons given is that there is a suit, Meru CMCC No. 773 OF 2003, involving the same parties for which he had applied for consolidation with this suit.  In paragraph  6 of the Replying Affidavit, the Plaintiff averred that he had been  bedevilled by financial problems  and a Succession Cause in Meru Succession case No. 403 of 2005.

The plaintiff, through Mr. Kimathi, expressed his  desire to prosecute the case diligently. He asked for one last chance.

Mr. Mutegi Mugambi, for the defendant, asked the Court to give the Plaintiff a chance to prosecute his case.

I find that cause has been shown to the satisfaction of this Court as to why this suit not be dismissed for want of prosecution in terms of Order 17 CPR. It is, therefore, not dismissed.

It is directed as follows:-

Plaintiff to fully comply with Order 11 CPR within 45 days of today and the defendant to do so within 45 days after compliance documents are served upon him by the Plaintiff.

Upon achievement of compliance, parties to obtain a mutually convenient date for directions from the Registry.

It is so ordered.

Delivered in Open Court at Meru this 10th day of November, 2015 in the presence of:-

Cc. Daniel /Lilian

E. Kimathi h/b Kaumbi for plaintiff

Mutegi for Defendant

P. M. NJOROGE

JUDGE