Elifinias Jackson Ekim Omaido v Robella Betty Ayode Omaido [2018] KEELC 681 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT KITALE

MISC APPLICATION NO. 13 OF 2018

ELIFINIAS JACKSON EKIM OMAIDO...........................DEFENDANT

VERSUS

ROBELLA BETTY AYODE OMAIDO.................................PLAINTIFF

RULING

1. It has come to the attention of the court that according to the  heading, the application dated 21/9/2018 was meant for the  High Court from the time of institution. Further the applicant has  not attached thereto sufficient supporting documents as would  enable this court make assumptions that would enable it shut it,  if it were necessary in the interests of justice of justice to do so,  apply the spirit of Article 159 (2) (d) and turn a blind eye to the  irregularity of which court it was meant for, and entertain the  application.  The  proceedings of  15th October 2018 are  therefore vacated. The application is hereby struck out as this  court has no jurisdiction as to handle it is currently framed.

Dated, signed and delivered at Kitale on this 15thday of November, 2018.

MWANGI NJOROGE

JUDGE

15/11/2018

Coram

Before - Hon. Mwangi Njoroge Judge

Court Assistant: Picoty

Mr. Teti for applicant

N/A for the respondent

COURT

Ruling read in open court.

MWANGI NJOROGE

JUDGE

15/11/2018