Sarah Mohamed & another v Wako Gollo [2022] KEELC 1315 (KLR)

THE REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT ISIOLO

ELC APPEAL NO. 005 OF 2021

SARAH MOHAMED & ANOR.................................................APPELLANTS

-VERSUS-

WAKO GOLLO..........................................................................RESPONDENT

RULING

1. The Memorandum of Appeal in this matter was filed on 24th May, 2021.  The Appellant, after filing the Memorandum of Appeal, has never followed up the matter.

2. On 25/10/2021, this court directed that notices be issued to the parties to come to court on 29/11/2021.  The notices were issued but on 29/11/2021, the parties did not come to court.

3. On 29/11/2021, I once again directed that notices be issued for the parties to come to court on 21/2/2022 for directions.  On 21/2/2022, the parties did not come to court.

4. I have perused the judgement delivered by the lower court.  I do consider that there is no sufficient ground for interfering with the resultant decree or any order that may arise thereof.  I also do note that the intended appellant has been indolent in his prosecution of the appeal.

5. In the circumstances, I do find that this appeal merits Summary Rejection.  The intended appeal is, therefore, hereby summarily rejected and, ipso facto, stands dismissed.

DELIVERED IN OPEN COURT THIS 21ST DAY OF FEBRUARY, 2022 IN THE PRESENCE OF:

Court Assistant:  Denge

HON. JUSTICE P.M NJOROGE

JUDGE