Mohamed & 2 others v Hadi [2024] KEELC 7123 (KLR)

Mohamed & 2 others v Hadi (Environment and Land Appeal 27 of 2020) [2024] KEELC 7123 (KLR) (30 October 2024) (Ruling)

Neutral citation: [2024] KEELC 7123 (KLR)

Republic of Kenya

In the Environment and Land Court at Mombasa

Environment and Land Appeal 27 of 2020

NA Matheka, J

October 30, 2024

Between

Abdulrai-Man Khamis Mohamed

1st Appellant

Rizik Berek Kramis

2nd Appellant

Abdulrai-Man Klmani

3rd Appellant

and

Mohamed Ahmed Hadi

Respondent

Ruling

1. The application is dated 17th June 2024 and is brought under Sections 1A, 3A, 63(e), 79B, 79C & Order 42 Rules 11 and 13 of the Civil Procedure Act and Rules seeking the following orders:a.That this application be certified as urgent and heard ex-parte in the first instance.b.That this Honourable court be pleased to give directions in the Appeal dated 11th September 2020. c.That costs of this Application be provided for.

2. It is based on the following grounds that the Appellants/Respondents filed their Appeal on 11th September 2020 and nothing has been done ever since. The Respondent/Applicant implores this Court to deal with the matter and give directions on the same. The Appeal has been dormant for over 4 years and qualifies to be dismissed for want of prosecution. Justice delayed without explanation is justice denied and delay defeats equity. It is in the interest of justice that the orders sought herein be granted since the Appellants instituted the Appeal in 2020 and seem to have lost interest in it.

3. The application was served and it is not opposed. I have perused the court file and found that on the 20th March 2023 the Deputy Registrar ELC did request for the lower court file in order to process the same. It appears the same has not been done. I find that this is an administrative matter to be handled by the Deputy Registrar. I therefore refer this matter to the Deputy Registrar for further action. There will be no orders as to costs as this application was undefended.

4. It is so ordered.

DELIVERED, DATED AND SIGNED AT MOMBASA THIS 30THDAY OF OCTOBER 2024. N.A. MATHEKAJUDGE