Case ID:170125

Isaac Ouma Kumba v Peres Awiti Oyamo & Millicent Adhiambo Oyamo [2021] eKLR

Case Metadata

Case Number:

Environment and Land Appeal 9 of 2019

Parties:

Isaac Ouma Kumba v Peres Awiti Oyamo & Millicent Adhiambo Oyamo

Date Delivered:

04 Feb 2021

Case Class:

Civil

Court:

Environment and Land Court at Kisumu

Case Action:

Ruling

Judge(s):

Antony Ombwayo

Citation:

Isaac Ouma Kumba v Peres Awiti Oyamo & Millicent Adhiambo Oyamo [2021] eKLR

Court Division:

Environment and Land

County:

Kisumu

Case Outcome:

Application dismissed with costs to the Respondent

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 KISUMU

ELC APPEAL NO. 9 OF 2019

ISAAC OUMA KUMBA...............................APPELLANT

-VERSUS-

PERES AWITI OYAMO......................1

ST

RESPONDENT

MILLICENT ADHIAMBO OYAMO........RESPONDENT

RULING

On the 11/9/2020 the respondent filed an application dated 2/2/2020 for orders that this honourable court be pleased to dismiss the appellant’s application dated 24/4/2019 for want of prosecution. The grounds for dismissal were that:

i. This appeal was filed against the respondents on 24/4/2019 and since then the Appellant has not set it down for direction and/or haring.

ii. The Appellant is not desirous of prosecuting this Appeal.

iii. It is only just and fair that this Appeal be dismissed with costs to the Respondents.

The Appellant filed a replying affidavit stating that he had applied for proceedings and was willing to prosecute the appeal. On the 26/10/2020, this court ordered that the application dated 2/9/2020 be determined in terms that the appellant to file submissions on the appeal within 30 days’ failure to do so the appeal would be deemed as dismissed. If the appellant was to put in written submissions as ordered the respondent was to file written submissions in reply within 30 days and therefore Judgment was to follow on the 4/2/2020.

I have not seen the appellant’s submissions and therefore I do confirm the orders made on 26/10/2020 that the appeal be deemed as dismissed for want of prosecution and the same is hereby confirmed as dismissed with costs to the Respondent.

DATED AT KISUMU THIS 4

TH

DAY OF FEBRUARY, 2021

ANTONY OMBWAYO

JUDGE

This Ruling has been delivered to the parties by electronic mail due to measures restricting court operations due to the COVID-19 pandemic and in the light of the directions issued by his Lordship, the Chief Justice on 15

th

March 2019

ANTONY OMBWAYO

JUDGE