Ogutu & another v Andele & another [2023] KEELC 18369 (KLR)

Ogutu & another v Andele & another (Environment and Land Appeal 12 of 2021) [2023] KEELC 18369 (KLR) (19 June 2023) (Ruling)

Neutral citation: [2023] KEELC 18369 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment and Land Appeal 12 of 2021

GMA Ongondo, J

June 19, 2023

Between

Job Ouma Ogutu

1st Plaintiff

Julias Odhiambo Ogutu

2nd Plaintiff

and

John Ooko Andele

1st Defendant

Coldori Enterprises Limited

2nd Defendant

Ruling

1. Mr. Obach learned counsel for the 2nd defendant has implored this court to dismiss this suit with costs.

2. Counsel has informed the court that the plaintiffs have not taken any step herein. That they were notified of this date.

3. Indeed, the plaintiffs duly notified of this date, have not taken any step herein for the last one year.

4. Therefore, this suit be and is hereby dismissed with costs to the 2nd defendant pursuant to order 17 rule 2 of the Civil Procedure Rules, 2010

5. It is so ordered.

DELIVERED DATED AND SIGNED AT HOMABAY THIS 19TH DAY OF JUNE 2023. G.M.A ONG’ONDOJUDGEPRESENT.1. Ms. Obach learned counsel for the 2nd defendant.2. Court Assistants, Mutiva and Okello.