Pius & 2 others v China Communication Company & another [2023] KEELC 20040 (KLR)

Pius & 2 others v China Communication Company & another (Environment & Land Case E001 of 2023) [2023] KEELC 20040 (KLR) (25 September 2023) (Ruling)

Neutral citation: [2023] KEELC 20040 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment & Land Case E001 of 2023

PM Njoroge, J

September 25, 2023

Between

Kamais Pius

1st Applicant

Guyo Wako

2nd Applicant

Shinda Boru

3rd Applicant

and

China Communication Company

1st Respondent

Kenya National Highway Authority

2nd Respondent

Ruling

1. The matter came up for interparties hearing on 25/9/2023. Although the applicant’s Advocate served the application and today’s date upon the respondents, their advocate and his clients did not come to court.

2. On 25/9/2023, Miss Omondi, the 1st defendant’s Advocate asked the court to dismiss the application for non-prosecution and especially because the applicants served the defendants with this hearing date and nevertheless elected not to come to court. I agree with Miss Omondi’s position.

3. In the circumstances, the following orders are issued;-a)The application by the plaintiffs dated July 27, 2023 but filed on August 15, 2023 is hereby dismissed.b)Costs are awarded to the 1st defendant.

DELIVERED IN OPEN COURT AT ISIOLO THIS 25THDAY OF SEPTEMBER, 2023 IN THE PRESENCE OF:Court assistant: DengeHON. JUSTICE P.M NJOROGEJUDGE