Joseph Miiru Kirumpu, Kithinji Mutithi & Murithi Mutithi v Veronica Gataru Gerrald [2017] KEHC 3907 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC [CA] CASE NO 75 OF 2017

FORMERLY MERU ELC [CA] CASE NO.  111 OF 2013

JOSEPH MIIRU KIRUMPU ………………...………… 1ST APPELLANT

KITHINJI MUTITHI…….…………………………….…2ND APPELLANT

MURITHI MUTITHI…………………………………….3RD APPELLANT

VERSUS

VERONICA GATARU GERRALD……….……….……RESPONDENT

RULING

1. Parties were to come to court to show cause why the appeal should not be dismissed for want of prosecution in terms of order 17, Civil Procedure Rules.

2. The appeal had also been listed for dismissal in terms of order 42 Rule 35(2) Civil Procedure Rules.

3. On 25thJuly, 2017, the Respondent asked the court to dismiss the appeal.

4. Two appellants were not in court and no explanation was given for their absence. The one in court Joseph Miiru Kirumpu did not give to court any reason why the Appeal should not be dismissed.

5. In the circumstances, the appeal is dismissed with no order as to costs.

6. It is so ordered.

Delivered in open court at Chuka this 25th day of July, 2017 in the presence of:

CA: Ndegwa

Joseph Miiru Kirumpu  - 1st Appellant

Veronica GataruGerald – Respondent

P.M. NJOROGE

JUDGE