Samwel Naimodu Leteipa v Joseph Lekishon Kaelo [2019] KEELC 4614 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAROK

ELC MISC APPL. NO. 2 OF 2018

FORMERLY NAKURU MISC CIVIL APPL. NO. 238 OF 2014

SAMWEL NAIMODU LETEIPA.............................APPELLANT/RESPONDENT

-VERSUS-

JOSEPH LEKISHON KAELO.................................RESPONDENT/APPLICANT

RULING

The Application before me is the Notice of Motion dated 3rd June, 2016 seeking an order dismissing the Respondent’s Application dated 29th October, 2014 for want of prosecution.  The Application was based on the grounds that the Respondent was granted a stay of execution on 29th October, 2014 and he has failed to take any steps to prosecute the Application and the Applicant has suffered prejudice as a result of the Respondent’s failure.

In support of the Application the Applicant had filed an affidavit in support of the same and averred that the Respondent has often been granted a stay of execution and he has never taken any steps to prosecute the Application.

I have read the application before me and the submissions filed by the Applicant.  From the record, it is clear that the Respondent having obtained a stay of execution, has not undertaken any steps to have his intended appeal and application prosecuted.   No reasons have been adduced by him.

I find that the Respondent’s actions are prejudicial to the Applicant.  The Applicant can’t be stopped from enjoying the fruits of his labour.

In view of the above I find that the Application dated 3rd June, 2016 is merited and I allow the same and thus dismiss the Respondent’s Application dated 29th October, 2014 for want of prosecution with costs to the Applicants.

DATED, SIGNED and DELIVERED in open court at NAROK on this 14th day of February, 2019.

Mohamed N. Kullow

Judge

14/2/19

In the presence of:

CA:Chuma

Mr Lel for the Plaintiff/Applicant

Respondent in person

Mohamed N. Kullow

Judge

14/2/19