Case ID:168180

Lydia Njeri Kiprop v Geoffrey Pkite Mosol [2020] eKLR

Case Metadata

Case Number:

Environment and Land Appeal 6 of 2019

Parties:

Lydia Njeri Kiprop v Geoffrey Pkite Mosol

Date Delivered:

17 Dec 2020

Case Class:

Civil

Court:

Environment and Land Court at Kitale

Case Action:

Ruling

Judge(s):

Francis Mwangi Njoroge

Citation:

Lydia Njeri Kiprop v Geoffrey Pkite Mosol [2020] eKLR

Court Division:

Environment and Land

County:

Trans Nzoia

Case Outcome:

Appeal allowed

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

ENVIRONMENT AND LAND COURT

AT KITALE

ELC APPEAL NO. 6 OF 2019

LYDIA NJERI KIPROP................APPELLANT

VERSUS

GEOFFREY PKITE MOSOL....RESPONDENT

RULING

1. By a notice of motion dated

10/9/2020

and filed on

11/9/2020

brought under

Sections 80

of the

Civil Procedure Act

,

Order 45 Rule 1

of the

Civil Procedure Rules

. The appellant/applicant seeks the following orders:-

1. That this application be certified urgent to be heard

ex-parte

in the first instance.

2. That this honourable court be pleased to review its judgment and order of 4

th

September, 2020.

3. Costs be provided for.

2. The application is supported by affidavit of the appellant’s counsel sworn on

10/9/2020

.The application is grounded on the following grounds: that the appellant’s appeal was dismissed for want of prosecution; that the appellant filed her submissions to the appeal on

20

th

April, 2020

and that it is necessary and in the interest of justice that the orders sought be granted.

Submissions

3. The court directed that the appeal be disposed of by way of written submissions. The appellant filed her written submissions on

20/10/2020.

The respondent did not file any submissions.

Determination

4. The issue that arises in the instant application is whether there is sufficient evidence to warrant the review of the judgment on record.

5. I have considered that the application is unopposed. I have also called for the record of the electronic mail communications concerning the filing of submissions and found that an email forwarding a soft copy of the submissions was sent to the court’s email address on

24/4/2020

at

11:46 am

and acknowledged by the court on the same date at

12:00 pm

. There is however no explanation to date why the said submissions never reached the court file.

6. I am persuaded that there is good ground to set aside the judgment entered on

4/9/2020

in this matter. I hereby set aside the said judgment and I hereby order that the appeal shall be determined on its merits on the basis of the appellant’s submissions whose copy has been availed to court in support of the application dated

10/9/2020

and the respondent’s submissions dated

3/6/2020

which are in the record. By virtue of this ruling the application dated

7/7/2020

seeking costs of the appeal is deemed as overtaken by events and is therefore marked as dispensed with. This appeal shall be mentioned on

27/1/2021

for further directions.

It is so ordered.

Dated, signed

and

delivered

at

Kitale via electronic mail

on this

17

th

day of

December, 2020.

MWANGI NJOROGE

JUDGE, ELC, KITALE.