Oliver Njeru Francis & another v James Gitari Francis & another [2017] KEELC 2192 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC [CA] CASE NO 18 OF 2017

FORMERLY MERU ELC [CA] CASE NO.  71 OF 2013

OLIVER NJERU FRANCIS ..…....…....…………………........ 1^ST APPELLANT

SUSAN NYAWIRA NYAGA………………………….........…...2^ND APPELLANT

VERSUS

JAMES GITARI FRANCIS………………………….......……1^ST RESPONDENT

MARY KAARI FRANCIS…………………………………….2^ND RESPONDENT

RULING

1. When the parties were to come to court on 13.7.2017 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.

2. I am satisfied that the apposite notice was properly issued.

3. I find that the parties have failed to show cause why this Appeal 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 13^th day of July, 2017 in the presence of:

CA: Ndegwa

Parties -absent

P. M. NJOROGE

JUDGE