Arun Mohamed v Ashaq Kakai,Hassan Wambat & Ali Barasa [2017] KEELC 2573 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KITALE

LAND CASE NO. 111 OF 2015

ARUN MOHAMED………………………………PLAINTIFF

VERSUS

ASHAQ KAKAI…………………………..1ST DEFENDANT

HASSAN WAMBAT……………………...2NDDEFENDANT

ALI BARASA…………………………….3RD DEFENDANT

R U L I N G

1. The applicants’ application dated 1/3/2017 seeks an order that the suit against the defendants be dismissed for want of prosecution. The application is not opposed by way of any grounds of opposition or a replying affidavit.

2. From the court record the last step taken in this matter before the current application was filed was the filing of defence dated 2nd October, 2015 on 5th October, 2015.  The plaintiff has therefore not demonstrated to the court in any way why this suit should not be dismissed. A period of one year has lapsed since the last step was taken in the matter.

3. I therefore dismiss this suit for want of prosecution.

Signed, dated and delivered at Kitale on this 29th day of May, 2017.

MWANGI NJOROGE

JUDGE

29/05/2017

Before - Mwangi Njoroge Judge

Court Assistant - Isabellah

Lowasikou holding brief for Ngeywa for Plaintiff

Ruling read in open court.

MWANGI NJOROGE

JUDGE

29/05/2017