Benson Mangate Barasa v Amos Wabwire [2016] KEHC 6371 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT BUNGOMA

ENVIRONMENT AND LAND CASE NO. 54 OF 2014

BENSON MANGATE BARASA ………………….…PLAINTIFF

VERSUS

AMOS WABWIRE …………….…………...…..... DEFENDANT

RULING

[1].    The applicant herein filed a notice of motion dated 15. 5.2014.  The same is under Order 2 Rule 15 (1).The applicant prayed for orders that the court do declare that this suit is an abuse of the process of the court and that the suit does not raise a reasonable cause of action against the defendant.  Further, that the suit is  res judicatta and that the same is barred by  limitation.

[2].    The motion was served and the same was served on the respondent on 17. 11. 2015.  The respondent did not file any grounds of objection and/or any affidavit.  He also did not attend the court during the hearing.

The application is therefore not opposed.  The applicant prays that the same be allowed since it is not opposed.

[3]. I do allow the application as allowed.  This suit is struck out with costs to the defendant.

DATED at BUNGOMA this 9th  day of March 2016

S. MUKUNYA

JUDGE