Celina Karea Muria v Aloise Muriati Thiringi [2016] KEELC 1233 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

IN THE ENVIROMENT AND  LAND COURT

CIVIL SUIT NO. 92 OF 2011(O.S)

CELINA KAREA MURIA.............................PLAINTIFF/RESPONDENT

VERSUS

ALOISE MURIATI THIRINGI........................DEFENDANT/APPLICANT

R U L I N G

This application was brought to Court by a way of a Certificate  of Urgency. It seeks orders:-

THATthe suit against the Defendant herein be dismissed with costs for want of prosecution.

THATthe Honourable Court be pleased to order for removal of all cautions, inhibition and or restriction placed on parcel No. NTIMA/IGOKI/1022.

THATthe cost of this application and the entire suit be awarded  to the Defendant.

The application is supported by the Affidavit of the Applicant. It has proffered one ground as follows:-

THATthe Plaintiff has neglected and/or otherwise filed to set the suit down for hearing and/or failed to take any steps to prosecute the same as the matter was lastly  in Court on the 19th  day of March, 2013.

The Applicant was not in Court on the day the Court fixed for the hearing of the application. There is no evidence that  the Respondent had been served.

I deem it necessary to have this application dismissed. I therefore, dismiss it.

Costs shall be in the cause.

It is so ordered .

Delivered in Open Court at Meru this 15th day of March, 2016 in the presence of:

CC: Daniel/ Lilian

Parties not present

P.M. NJOROGE

JUDGE