Fatuma Mohamed Ali v Boru Dika, Henry Kimathi & Festus Nyaga Kamberia [2017] KEELC 3742 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

LAND AND ENVIRONMENT DIVISION

CIVIL SUIT NO 25 OF 2013

FATUMA MOHAMED ALI.......................................................PLAINTIFF

VERSUS

BORU DIKA.................................................................1ST DEFENDANT

HENRY KIMATHI .......................................................2ND DEFENDANT

FESTUS NYAGA KAMBERIA...................................3RD DEFENDANT

R U L I N G

The matter is coming  up for confirmation of compliance(Order 11).  This is a case whereby the issue of compliance has been running since 16:02:16.  The Court  had given time lines on compliance.  On 22. 02: 17, Counsel for 2nd and 3rd defendant, Mr. Kibiti had told the Court that they  only needed 7 more days to comply.

The Court indulged them, so did the other parties.

I find that there is no plausible reason advanced as to why the 2nd and 3rd  Defendants have not complied since February, 2016.  The orders made on 22:02:17 were as follows:-

“2nd and  3rd  Respondent are given  final chance to comply”.

Such orders should not be made in vain. Pursuant to provisions  of Article 159 2 (b) as well as Section 1 A (3)  of the C.P.A,  I  decline to extend the time for compliance.  The  Court will proceed  to give directions on how  case will proceed.

DELIVERED IN OPEN COURT AT MERU THIS 1ST DAY OF MARCH, 2017 IN THE PRESENCE OF:-

CA: Dalphine

Miss Rimita for 2nd Defendant

Nyenyire h/b for Kabiru for Plaintiff

Munene for 1st and 3rd Defendant

L. N. MBUGUA

JUDGE