Case Metadata |
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Case Number: | O. S. Suit 27 of 2010 |
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Parties: | Stephen Mwithia M’ruuti v Joshua Muthuku,Isabella Nkina M’irera & Lawrence Kiriinya Iburi |
Date Delivered: | 10 Nov 2015 |
Case Class: | Civil |
Court: | Environment and Land Court at Meru |
Case Action: | Ruling |
Judge(s): | Peter Muchoki Njoroge |
Citation: | Stephen Mwithia M’ruuti v Joshua Muthuku & 2 others [2015] eKLR |
Advocates: | E. Kimathi h/b Kaumbi for plaintiff Mutegi for Defendant |
Court Division: | Land and Environment |
County: | Meru |
Advocates: | E. Kimathi h/b Kaumbi for plaintiff Mutegi for Defendant |
History Advocates: | Both Parties Represented |
Case Outcome: | The suit is allowed |
Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
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:-
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