REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT CHUKA CHUKA ELC CIVIL APPEAL CASE NO. 58 OF 2017 FORMERLY MERU ELC CIVIL APPEAL NO. 02 OF 2013 M’NDAKA KAJIUMIA M’MBIRITHI...........................APPELLANT VERSUS ERASTUS KIRUJA RIUNGU............................RESPONDENT 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 42 rule 35(2) of the Civil Procedure Rules, they did not turn up. The matter had been listed for dismissal before me. 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 42 rule 35(2) 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
Original judgment
M’ndaka Kajiumia M’mbirithi v Erastus Kiruja Riungu
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