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Original judgment

John Muthika M'itobi & 1 other v Ntarangwi M'aranju M'maraki & 8 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CIVIL SUIT NO 159 OF 2008 JOHN MUTHIKA M'ITOBI ….......................................1ST PLAINTIFF/APPLICANT PETER MUGAA.............................................................2ND PLAINTIFF/APPLICANT VERSUS NTARANGWI M'ARANJU M'MARAKI..... ............1ST DEFENDANT/RESPONDENT ISAAC M'THIRARI M'NABEA ...............................2ND DEFENDANT/RESPONDENT SILAS MWIRIGI A. KANYAMU...............................3RD DEFENDANT/RESPONDENT PETER KUKUNDI MUNGANIA................................4TH DEFENDANT/RESPONDENT NJIRA THAMERU....................................................5TH DEFENDANT/RESPONDENT SOLOMON AYUBU ….............................................6TH DEFENDANT/RESPONDENT THILANGE M'IKENDA.............................................7TH DEFENDANT/RESPONDENT STANEY MIAKA.........................................................8TH DEFENDANT/RESPONDENT DAVID MAORE ….....................................................9TH DEFENDANT/RESPONDENT JOHN NTARANGWI P. MWIMBI.............................10th DEFENDANT/RESPONDENT JOSEPH MEEME M'IMARA....................................11TH DEFENDANT/RESPONDENT R U L IN G Parties have been directed by the Deputy Registrar to obtain directions regarding hearing them on the notice to show cause why the suit should not be dismissed for want of prosecution. Contrary to the instructions given to Advocate Gichunge by Advocate, B. G. Kariuki, the parties were directed by the Deputy Registrar on 01.09.2015 to obtain a date for hearing of the Notice to show cause why this suit should not be dismissed for want of prosecution. On 06.07.2015, the Honourable Githinji, J, Judge directed as follows:“Mention before Deputy Registrar on September 1st for a hearing date.

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if parties do not attend, the matter, stands dismissed”. On 1st September, only the Plaintiff was present. Advocate Leekona was present for the Plaintiffs. No one represented the Defendants. The parties were ordered by the Deputy Registrar to obtain a hearing date from the Registry. On 9.02.2016, the parties obtained a date for directions from the Registry. The date given was 30th of March,2016. On this date the Plaintiffs were represented by Mr. Gichunge holding brief for the plaintiffs. The defendants were not represented. Today's date for directions was deemed by the Court to be the date when the parties would show cause why the suit should not be dismissed for want of prosecution in terms of order 17, CPR. It is noted that, although Mr. B.G Kariuki, had instructed Mr. Gichunge to hold brief for him, he gave him misleading instructions . Today's date was for directions for the parties to show cause why the suit should not be dismissed for want of prosecution. I find that the parties have not shown cause why this suit should not be dismissed for want of prosecution. I therefore dismiss the suit. In the words used by the Hon. Justice Githinji on 06.07.2015, the suit stands dismissed. It is so ordered . DELIVERED IN COURT AT MERU THIS 30TH DAY OF MARCH, 2016 IN THE PRESENCE OF:CC: Lilian Gichunge h/b B.G. Kariuki for the Plaintiffs. P.M. NJOROGE JUDGE

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