New Magumoni Farmers Co-operative Society Ltd v Eustus Mutua Musyoka [2017] KEELC 2169 (KLR)

Citation: New Magumoni Farmers Co-operative Society Ltd v Eustus Mutua Musyoka [2017] KEELC 2169 (KLR)
Media Neutral Citation: [2017] KEELC 2169 (KLR)
Court: Environment and Land Court
Court station: Environment and Land Court at Chuka
Case number: Environment & Land Case 04 of 2013
Attorneys: 1.THAT the appellant’s appeal be dismissed, D.J. Mbaya,
Alternative citations: New Magumoni Farmers Co-operative Society Ltd v Eustus Mutua Musyoka [2017] eKLR
Judges: FM Njoroge
Judgment date: 13 July 2017
Language: English
Type: Judgment
Original source file: Download DOCX (18.5 KB)

Case action: Ruling
Court division: Environment and Land

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REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT CHUKA

CHUKA ELC [CA] CASE NO 04 OF 2017

FORMERLY MERU ELC [CA]CASE NO. 34 OF 2006

NEW MAGUMONI FARMERS CO-OPERATIVE SOCIETY LTD..........APPELLANT

VERSUS

EUSTUS MUTUA MUSYOKA.............................................................RESPONDENT

RULING

1. This application is dated 26.3.2015 and seeks orders:

1.THAT the appellant’s appeal be dismissed for want of prosecution.

2.THAT the costs for this application and the main appeal be paid by the appellant.

2. The appeal has the following grounds:

a. THAT the appellant’s appeal be dismissed for want of prosecution.

b. THAT the costs for this application and the main appeal be paid by the appellant.

c. THAT the appeal was last in court on 17.4.2008

d. THAT the appellant must have lost interest in the appeal

e. THAT the respondent is suffering and continues to suffer irreparable damages as an order of inhibition was placed on his land NO.MAGUMONI/MUKUUNI/663

f. THAT the order of stay in Chuka LDT Case NO.42/2002 has paralyzed the respondent’s judgment.

g. THAT it is in the interests of justice and fair play that the appeal be dismissed.

3. The application was canvassed by way of written submissions.

4. I have carefully considered the assertions proffered by the parties in support of their diametrically opposed assertions. In the interest of Justice, I find that the appellant has demonstrated that he is willing to prosecute this appeal.

5. In the circumstances, the application is dismissed with the costs to be in the cause.

6. The appellant is ordered to file and exchange his written submissions within 30 days of today and the respondent is to do so within 30days after receipt of the appellant’s submissions. Should the appellant not file his submissions within 30 days of today, this Appeal will merit dismissal.

7. The appellant should serve upon the respondent the orders issued by the court today within 10 days of today.

8. Directions on 24.10.2017.

9. It is so ordered.

Delivered in open court at Chuka this 13^th day of July, 2017 in the presence of:

CA: Ndegwa

D.J. Mbaya for the Appellant

P. M. NJOROGE

JUDGE

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