Jospeter Nyamu v Edward Mbaka Agustino [2017] KEELC 2003 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC [CA] CASE NO 27 OF 2017

FORMERLY MERU ELC [CA] CASE NO.  41  OF 2010

JOSPETER NYAMU..........................................APPELLANT

VERSUS

EDWARD MBAKA AGUSTINO....................RESPONDENT

RULING

1. Parties were twice given a chance to show cause why this suit should not be dismissed for want of prosecution. The 2^nd chance was given to the parties on 25^th July, 2017.

2. The court has realized that the appellant, an old man who represents himself, does not understand the court process. He also does not understand what he should do to show cause why an appeal  should not be dismissed for want of prosecution.

3. In the interest of justice, I find that the age of the appellant and his failure to grasp what showing cause why the appeal should not be dismissed for want of prosecution constitutes enough cause to the satisfaction of the court that this appeal should not be dismissed.

4. I, also find it necessary in the interest of justice to allow the appellant to orally prosecute his appeal.

5. This is a 2010 appeal. It is necessary that it be heard and determined expeditiously. I direct that the appeal be heard on 17^th October, 2017.

6. I also order that notice be issued to the respondent to inform him that the appellant’s side of the appeal will be orally heard on 17^th October, 2017.

7. It is so ordered.

Delivered in open court at Chuka this 31^st  day of July, 2017 in the presence of:

CA: Ndegwa

P. M. NJOROGE

JUDGE