Mugambi v Gitumbi [2024] KEELC 4549 (KLR)

Mugambi v Gitumbi (Environment and Land Appeal E006 of 2023) [2024] KEELC 4549 (KLR) (10 June 2024) (Ruling)

Neutral citation: [2024] KEELC 4549 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment and Land Appeal E006 of 2023

PM Njoroge, J

June 10, 2024

Between

Florence Wanja Mugambi

Appellant

and

Gakure Geoffrey Gitumbi

Respondent

Ruling

1. On 26/2/2024, the appellant’s advocate, Mr Caleb Mwiti, requested the court to grant him 30 days to file and serve a record of appeal.

2. On 29/4/2024, the Appellant’s Advocate, Mr Caleb Mwiti, requested the court to five him a last chance to file and serve a record of Appeal within 30 days.

3. When the matter came up for directions on 10/6/2024, Mr Mwiti told the court that he had lost contact with his client, the Appellant, and that he intended to file an application to cease acting for the Appellant.

4. In response, Advocate Mr Karanja, who was holding brief for Mrs Otieno A, for the Respondent asked the court to dismiss the appeal for serial disobedience of valid court orders and for lack of prosecution.

5. I agree with Mr Karanja’s submissions. Consequently, I issue the following orders:a. This appeal is dismissed.b. Costs shall follow the event and are awarded to the Respondent.

DELIVERED IN OPEN COURT AT ISIOLO THIS 10TH DAY OF JUNE, 2024 IN THE PRESENCE OF:Court assistant: RahmaCaleb Mwiti for the AppellantKaranja h/b Otieno A. for the Respondent.HON. JUSTICE P.M NJOROGEJUDGE