Enosokon Group Ranch v Mukuyuini Farmers Co. Ltd [2016] KEHC 2738 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT OF KENYA

AT NAKURU

CIVIL APPEAL NO. 11 OF 2001

ENOSOKON GROUP RANCH....................................APPLICANT

AND

MUKUYUINI  FARMERS CO. LTD..........................RESPONDENT

VERSUS

SAMWEL  MALAKWEN & 53  OTHERS...............OBJECTORS

RULING

1. I have perused this file and the file ELC 65/2013. This   is an appeal arising from a decision of the Appeals Committee from a decision of the Land Disputes Tribunal. This Appeal was dismissed, and strictly speaking, save probably for costs, the function of this   court is spent.

2. In the file ELC 65/2013, the plaintiffs’ case and the defendants’ counterclaim were both dismissed. There  was  an issue  of a report  to be adopted  but  my view of the matter was that since both the plaintiffs’ and defendants’ claims have been dismissed, there was no substratum upon which  this court could   make  further  orders.

3. I still   hold that  position .

4. This being an appeal file, the appeal having been  dismissed, this court is functus officio. Matters of execution of the decree appealed from should be addressed to the court that issued the decree, not to the appellate court.

5. My position is that this court is functus  officio and I am therefore  not able  to adopt  any  report  or make orders for execution.

6. It is so directed.

Dated, signed and delivered in open court at Nakuru this 19th day of September 2016.

MUNYAO SILA

JUDGE

ENVIRONMENT & LAND COURT

AT NAKURU

In presence  of  :-

Mr.   Katithi for Respondents

Ms.  M  Njoroge  for Appellants

Mr.  Morintat for  Objectors

CA: Janet

MUNYAO SILA

JUDGE

ENVIRONMENT & LAND COURT

AT NAKURU