Doyo v Duku & 2 others [2022] KEELC 2216 (KLR)

Doyo v Duku & 2 others (Environment and Land Appeal E003 of 2022) [2022] KEELC 2216 (KLR) (27 June 2022) (Ruling)

Neutral citation: [2022] KEELC 2216 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment and Land Appeal E003 of 2022

PM Njoroge, J

June 27, 2022

Between

Adan Galgalo Doyo

Appellant

and

Taditi Wario Duku

1st Respondent

Galgalo Issack

2nd Respondent

Guyo Issack

3rd Respondent

Ruling

1. This matter was filed on 11th March, 2022.

2. The Intended Appeal has not been admitted.

3. On 14/3/2021 the intended appellant was directed serve the suit documents upon the intended respondents within 14 days. He was also directed to file a record of appeal within 30 days and to also to serve upon the respondents the orders issued by the court within 14 days.

4. When the intended appellant came to court on 6/6/2022, he had not obeyed any of the orders issued by the court on 14/3/2021.

5. He was directed to file a record of Appeal within 30 days and to serve this court’s orders upon the intended respondents within 14 days. The parties were directed to come to court on 27/6/2022.

6. On 27/6/2022, the intended appellant did not come to court. There was no evidence that he had served the intended respondents as directed by the court. He had also not filed a record of appeal.

7. For disobediences- of the orders of this court, this appeal merits dismissal. I will, however, dismiss it on another ground.

8. I have perused the Judgement delivered by Honourable M.S. Kimani, Principal Magistrate, Moyale, on 13/1/2022. I find that there is no sufficient ground for interfering with the decree, part of the resultant decree or orders being appealed against.

9. In the circumstances, I issue the following orders:a.This appeal is summarily rejected.b.I award no costs.

WRITTEN AND DELIVERED IN OPEN COURT AT ISIOLO THIS 27TH DAY OF JUNE, 2022 IN THE PRESENCE OF:Court Assistant: BaloziParties not in courtHON. JUSTICE P M NJOROGEJUDGE