South Nyanza Teachers Savings and Credit Cooperative Society Limited v Maseno University [2023] KEELC 20556 (KLR)

South Nyanza Teachers Savings and Credit Cooperative Society Limited v Maseno University (Environment and Land Appeal 5 of 2021) [2023] KEELC 20556 (KLR) (2 October 2023) (Ruling)

Neutral citation: [2023] KEELC 20556 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment and Land Appeal 5 of 2021

GMA Ongondo, J

October 2, 2023

(FORMERLY MIGORI HIGH COURT APPEAL NUMBER E029 OF 2021)

Between

South Nyanza Teachers Savings and Credit Cooperative Society Limited

Appellant

and

Maseno University

Respondent

Ruling

1. By a memorandum of appeal dated April 16, 2021, the appellant through Nyauke and Company Advocates lodged this appeal on the grounds that:a.The Honourable Subordinate Court lacked the Jurisdiction to deal with the matter before it.b.The Honourable Subordinate Court thus misdirected itself on matters of law and facts.c.The Honourable court failed to appreciate that there was indeed, a landlord tenant relationship as at July 30, 2017 that was controlled with the meaning of the law.

2. Wherefore, the appellant prays thus:i.The Subordinate court’s judgement be vacated and set aside and the Respondent case in the subordinate court be dismissed with costs.ii.The costs of this appeal be allowed.

3. On September 14, 2023 at 16. 10 hours, a notice to show cause was issued via email pursuant to Order 17 Rule 2 of the Civil Procedure Rules 2010.

4. The parties are absent. There is no cause shown further to the notice issued herein.

5. Thus, under Order 17 Rule 2 (supra), this appeal is hereby dismissed with no orders as to costs.

6. It is so ordered.

DELIVERED AND DATED AT HOMABAY THIS 2ND DAY OF OCTOBER 2023. G.M.A ONG’ONDOJUDGEPRESENT1. Court Assistant, Terence2. Both the Appellant and the Respondent -Absent.