Republic v District Land Adjudication Settlement Officer Tigania East Sub-County & Andrew Kinyua Mukiri Ex-parte Teresina Karambu Joel [2018] KEELC 3994 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

JUDICIAL REVIEW NO. 14 OF 2017

REPUBLIC..................................................................................APPLICANT

VERSUS

DISTRICT LAND ADJUDICATION SETTLEMENT

OFFICER TIGANIA EAST SUB-COUNTY……................ (RESPONDENT)

AND

ANDREW KINYUA MUKIRI…….......…………........INTERESTED PARTY

EX-PARTE

TERESINA KARAMBU JOEL (Suing as a legal representative of the

estate ofJOEL M’IMIKI M’ETIRIKIA)...….……................RESPONDENT

R U L I N G

1) On 01:11:17, the Court gave directions for the suit to be heard by way of Written Submissions.  The Exparte Applicant was given 14 days within which to file and serve their Submissions. Almost 3 months down the line on 29: 01:18, the Exparte Applicant had not complied with the Court order of 01:11:17.  No reasonable or any explanation at all has been given as to why there was none compliance with the Court Order.

2) The Interested Party and the Respondent have urged the Court to dismiss the suit for want of prosecution.

3) I am in agreement with this argument.

4) There being no explanation as to why the Ex-parte Applicant did not comply with the Court Order of 01:11:17, then I proceed to dismiss this suit for want of prosecution with costs to Interested Party and Respondent.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 21st FEBRUARY, 2018 IN THE PRESENCE OF:-

Court Assistant:Janet/Galgalo

No appearance for applicant

No appearance for respondent

K. Gitonga for Interested Party present

HON. L. N. MBUGUA

ELC JUDGE