JOAN SEREMA SIRIMANI v OKERO AYIENGA & another [2009] KEHC 763 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA OF KISII

Civil Case 352 of 1996

JOAN SEREMA SIRIMANI………………………………………PLAINTIFF

-VERSUS-

OKERO AYIENGA………………………………………1ST DEFENDANT

STEPHEN OKERO……………………………………..2ND DEFENDANT

RULING

The plaintiff’s application to have the case referred to the LandDisputes Tribunal at Ogembo for resolution cannot be granted.  This is because there is no case pending for determination.

Judgment in the case was delivered on 28/3/2003 dismissing the suit with no order as to costs.  This followed full hearing of the case.

On 7/4/2008 the Court  dismissed  for want of prosecution  the plaintiff’s application brought  under Order 45 rule 1  of the Civil Procedure Rules  and section 3A of the Civil Procedure Act.

The present application is consequently dismissed.  The same was not opposed and therefore there shall be no order for costs.

Dated, signed and delivered this 6th October, 2009.

A.O.MUCHELULE

JUDGE

6/10/2009

Before Hon. A.O.Muchelule-Judge

Court clerk-Mongare

Plaintiff-present

COURT:ruling in open court.

A.O. MUCHELULE

JUDGE

6/10/2009