Guyo v Guyo & 3 others [2022] KEELC 12589 (KLR)

Guyo v Guyo & 3 others (Environment and Land Appeal 15 of 2021) [2022] KEELC 12589 (KLR) (26 September 2022) (Ruling)

Neutral citation: [2022] KEELC 12589 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment and Land Appeal 15 of 2021

PM Njoroge, J

September 26, 2022

Between

Kadiro Tadicha Guyo

Appellant

and

Habiba Tadicha Guyo

1st Respondent

Yussuf Tadicha Guyo

2nd Respondent

Halima Tadicha Guyo

3rd Respondent

Abdiqadir Tadicha Guyo

4th Respondent

Ruling

1. This appeal was filed on April 12, 2022. Since then, the proposed appellant has not moved the appeal in any way. He just dumped the proposed appeal in court and vanished. I opine that courts of law should not be dumping grounds for suits which are not meant to be litigated by the parties. Such dumping shenanigans and contrivances have contributed to unwarranted backlog of cases.

2. On January 25, 2022, I directed that notice be issued for the parties to come to court for directions on May 9, 2022.

3. On May 9, 2022, the parties did not come to court. I directed that notice be issued for the parties to come to court for directions on June 20, 2022. On June 20, 2022 the parties did not come to court. I directed that notice be issued for the intended appellant to set the case down for hearing within 3 months and for the parties to come to court for directions on September 26, 2022. I declared that the parties were being granted a last chance. The court is aware that it is the responsibility of the appellant to serve the respondents.

4. Courts cannot issue orders in vain. On September 26, 2022, I granted the appellant a last chance. In the circumstances, I issue the following orders;a.This appeal is hereby dismissed.b.I issue no orders as to costs.

DELIVERED IN OPEN COURT AT ISIOLO THIS 26TH DAY OF SEPTEMBER,2022 IN THE PRESENCE OF:Court Assistant: BaloziParties not in court.HON. JUSTICE P.M NJOROGEJUDGE