Isaac Ouma Kumba v Peres Awiti Oyamo & Millicent Adhiambo Oyamo [2021] KEELC 4402 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT KISUMU

ELC APPEAL NO. 9 OF 2019

ISAAC OUMA KUMBA...............................APPELLANT

-VERSUS-

PERES AWITI OYAMO......................1ST RESPONDENT

MILLICENT ADHIAMBO OYAMO........RESPONDENT

RULING

On the 11/9/2020 the respondent filed an application dated 2/2/2020 for orders that this honourable court be pleased to dismiss the appellant’s application dated 24/4/2019 for want of prosecution. The grounds for dismissal were that:

i. This appeal was filed against the respondents on 24/4/2019 and since then the Appellant has not set it down for direction and/or haring.

ii. The Appellant is not desirous of prosecuting this Appeal.

iii. It is only just and fair that this Appeal be dismissed with costs to the Respondents.

The Appellant filed a replying affidavit stating that he had applied for proceedings and was willing to prosecute the appeal. On the 26/10/2020, this court ordered that the application dated 2/9/2020 be determined in terms that the appellant to file submissions on the appeal within 30 days’ failure to do so the appeal would be deemed as dismissed. If the appellant was to put in written submissions as ordered the respondent was to file written submissions in reply within 30 days and therefore Judgment was to follow on the 4/2/2020.

I have not seen the appellant’s submissions and therefore I do confirm the orders made on 26/10/2020 that the appeal be deemed as dismissed for want of prosecution and the same is hereby confirmed as dismissed with costs to the Respondent.

DATED AT KISUMU THIS 4TH  DAY OF FEBRUARY,  2021

ANTONY OMBWAYO

JUDGE

This Ruling has been delivered to the parties by electronic mail due to measures restricting court operations due to the COVID-19 pandemic and in the light of the directions issued by his Lordship, the Chief Justice on 15th March 2019

ANTONY OMBWAYO

JUDGE