Case ID:169424

Wijeje Rombosia v Fredrick Kisambo [2021] eKLR

Case Metadata

Case Number:

Environment and Land Case 12 of 2008

Parties:

Wijeje Rombosia v Fredrick Kisambo

Date Delivered:

26 Jan 2021

Case Class:

Civil

Court:

Environment and Land Court at Kitale

Case Action:

Ruling

Judge(s):

Francis Mwangi Njoroge

Citation:

Wijeje Rombosia v Fredrick Kisambo [2021] eKLR

Court Division:

Environment and Land

County:

Trans Nzoia

Case Outcome:

Application struck out

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 KITALE

LAND CASE NO. 12 OF 2008

WIJEJE ROMBOSIA........................................................................PLAINTIFF

VERSUS

FREDRICK KISAMBO.................................................................DEFENDANT

RULING

1. The Notice of Motion application dated

19/11/2020

and filed in court on

30/11/2020

, has been bought under

Section 3A,

and

63(e)

of the

Civil Procedure Act

. The plaintiff seeks the following orders:-

(1) …spent.

(2) That this honourable court be pleased to set aside and or review the orders dismissing this suit for want of prosecution.

(3) That this suit be reinstated for hearing and determination inter partes on merit.

(4) That costs of this application be provided for.

2. The application is supported by the affidavit of the plaintiff sworn on

19/11/2020

. The plaintiff also filed his written submissions dated

22/12/2020

in the record. they are not stamped with the date of filing

3. In giving directions in respect of the instant application this court ordered that you be filed an affidavit of service to enable the court be aware that the plaintiff has served the defendant and that he is not trying some unprocedural antics against him. There is none that was filed by the plaintiff. This court can not therefore be in a position to know whether the defend ant was served with the application. This is quite an old matter which was dismissed for want of prosecution in the year

2016

which dismissal led to the instant application.

4. As the plaintiff has failed to comply with the lawful order of the court requiring him to file evidence of service on the defendant, I hereby strike out the application dated

19/11/2020

for non-service. There shall be no orders as to costs.

It is so ordered.

Dated, signed and delivered at Kitale via electronic mail on this 26

th

day of January, 2021.

MWANGI NJOROGE

JUDGE, ELC, KITALE.