Case ID:166885

Robert Njeru Ndatho v Joseph Mutiiria Ndatho [2020] eKLR

Case Metadata

Case Number:

Environment and Land Appeal 4 of 2020

Parties:

Robert Njeru Ndatho v Joseph Mutiiria Ndatho

Date Delivered:

25 Nov 2020

Case Class:

Civil

Court:

Environment and Land Court at Chuka

Case Action:

Ruling

Judge(s):

Peter Muchoki Njoroge

Citation:

Robert Njeru Ndatho v Joseph Mutiiria Ndatho [2020] eKLR

Court Division:

Environment and Land

County:

Tharaka Nithi

Case Outcome:

Intended appeal rejected

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

CHUKA ELC APPEAL NO. 4 OF 2020

ROBERT NJERU NDATHO.........................................APPELLANT

VERSUS

JOSEPH MUTIIRIA NDATHO.................................RESPONDENT

RULING

1. This intended appeal was registered on 22

nd

May, 2020.

2. On 12

th

June, 2020 this court ordered that the suit documents be served upon the respondent by the appellant. The court also ordered that directions be taken on 19/10/2020.

3. On 19/10/2020, the intended appellant did not come to court. It could not be established if or if not he had served the intended respondent. Parties were directed to come for directions on 24/11/2020.

4. On 24/11/2020, the intended appellant did not come to court. It could not be established if or if not he had served the intended respondent.

5. Section 79B of the Civil Procedure Act requires that before an appeal from a subordinate court is heard, a judge shall peruse it, and if he considers that there is no sufficient ground for interfering with the decree, part of a decree or order appealed against, he may reject the appeal summarily.

6. Upon perusal of the intended appeal, I am satisfied that there is no sufficient ground for interfering with the decision of the subordinate court.

7. Consequently, this intended appeal is hereby rejected summarily.

8. I issue no order as to costs.

Delivered in open Court at Chuka this 25

th

day of November, 2020

in the presence of;

CA: Ndegwa

Parties not in court.

P. M. NJOROGE

JUDGE