Julius Murithi Kimathi v Zipporah Kithara Mukiri [2018] KEELC 4568 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

CIVIL CASE NO 126 OF 2010

JULIUS MURITHI KIMATHI ……..….PLAINTIFF

VERSUS

ZIPPORAH KITHARA MUKIRI…....DEFENDANT

R U L I N G

1. I have perused the record and I find this suit was dismissed on 23. 06. 17. It was not reinstated and there is no application to have it reinstated. In the circumstances, there is no suit to be prosecuted.

2. The application of 18:08:17 does not hence require to be defended or responded to because the inhibition orders were only to last upto the point the suit was determined.

3. The orders of 23. 06. 17 brought the suit to an end. It is trite law that when a suit is dismissed, any subsisting orders made in the suit collapse and come to an end.  The present application has been brought forth to ensure that any subsisting order are brought to an end.

4. In the circumstances, I decline to give the Plaintiff/Respondent on opportunity to respond to the application of 18. 08. 17.

5. I hereby allow the application of 18:08:17 with no orders as to costs.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 6th FEBRUARY, 2018 IN THE PRESENCE OF:-

Court Assistant:Janet/Galgalo

E.Kimathi H/B for Kioga for Defendant present

Mammu Miss H/B for Kaimenyi  for Plaintiff Present

HON. L .N. MBUGUA

ELC JUDGE