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Original judgment

Susy Ciamwari Eustace v Kithinji Njoka & 2 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT CHUKA CHUKA ELC CASE NO. 07 OF 2017 FORMERLY MERU ELC CASE NO. 35 OF 2015 SUSY CIAMWARI EUSTACE………………….......…………..….PLAINTIFF VERSUS KITHINJI NJOKA…………………....……………………….1ST DEFENDANT MURITH NJOKA……………………………………………..2ND DEFENDANT MUTEMBEI NJOKA…………….……………………………3RD DEFENDANT RULING 1. When the parties were to come to court on 28.2.2017 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 28th day of February, 2017 in the presence of: CA: Ndegwa Parties - absent P.M. NJOROGE JUDGE

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