Luke Kithure Mutiga v Jonathan Kithaka Iguna & Another [2018] KEELC 3543 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC CASE NO. 143  OF 2017

FORMERLY MERU ELC CASE NO. 155 OF 2011 (OS)

LUKE KITHURE MUTIGA....................................................PLAINTIFF

VERSUS

JONATHAN KITHAKA IGUNA  & ANOTHER............DEFENDANTS

RULING

1. When this suit was given a hearing date on 14th February, 2018, the advocates representing the parties were present. The hearing date given by the court was the 3rd of May, 2018.

2. On 3rd May, 2018, Miss Muriuki holding brief for Mr. Murango, the plaintiff’s advocate, told the court that he sought an adjournment as the plaintiff was unavailable. It is my view that since Mr. Murango had dedicated the 3rd of May, 2018 to the hearing of the suit, he himself should have come to court to explain why the hearing should not proceed. Mr. Rimita, the defendants’ advocate was present in court and told the court that he was ready to proceed with the hearing. He also told the court that the defendants were in court.

3. As only the defendants were in court, this suit is dismissed.

4. As the defendants have a counter-claim, they are directed to prove their counterclaim on 8th May, 2018.

5. Costs concerning the dismissed suit will follow the event and are awarded to the defendants.

6. It is so ordered.

Delivered in open Court at Chuka this 3rd day of May, 2018 in the presence of:

CA: Ndegwa

Mrs Muriuki h/b Murango for the Plaintiff

Rimita for the defendants

P.M. NJOROGE

JUDGE