County Council of Meru South v Wilfred Marangu Mutwiri [2017] KEELC 2017 (KLR) | Dismissal For Want Of Prosecution | Esheria

County Council of Meru South v Wilfred Marangu Mutwiri [2017] KEELC 2017 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT CHUKA

CHUKA ELC [CA] CASE NO 25 OF 2017

FORMERLY MERU ELC [CA] CASE NO.  106 OF 2012

COUNTY COUNCIL OF MERU SOUTH...........................APPELLANT

VERSUS

WILFRED MARANGU MUTWIRI..................................RESPONDENT

RULING

1. Parties were to come to court to show cause why the appeal should not be dismissed for want of prosecution on 25. 7.2015.

2. I am satisfied that the apposite notice was issued to the parties. However, only the respondent was in court.

3. I find that the respondent has shown to the satisfaction of the court why the appeal should be dismissed. Conversely, I find that the appellant has not shown to the satisfaction of the court why the appeal should NOT be dismissed.

4. In the circumstances, this appeal is dismissed.

5. I issue no order as to costs.

6. It is so ordered

Delivered in open court at Chuka this 25th day of July, 2017 in the presence of:

CA: Ndegwa

Wilfred Marangu Mutwiri -respondent

P.M. NJOROGE

JUDGE