Edna Cherono Bore v Equatorial Commercial Bank Ltd & 2 others [2018] KEELC 4107 (KLR)

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KITALE LAND CASE NO. 59 OF 2016 EDNA CHERONO BORE………............................................PLAINTIFF VERSUS EQUATORIAL COMMERCIAL BANK LTD………1ST DEFENDANT PAMPA CHURRASCARIA LIMITED ......................2ND DEFENDANT GURAM INVESTMENTS AUCTIONEERS….........3RD DEFENDANT RULING 1. The application dated 24/10/2017 seeks dismissal of the suit for want of summons or for want of prosecution. The applicant urges that this was matter in which summons were not served by the plaintiff. It is averred that after obtaining the orders of injunction the plaintiff failed to prosecute the matter. 2. The affidavit of service dated 5/2/2018 sworn by one Patrick M. Mutuma states that the instant application was served upon the Firm of Churchill Midwa & Co. Advocates and the 3rd defendant. 3. The application is not opposed. The suit is therefore dismissed with costs to the 1 st defendant only for want of prosecution. Dated, signed and delivered at Kitale on this 28th day of February, 2018. MWANGI NJOROGE JUDGE 28/2/2018 Coram: Before - Mwangi Njoroge, Judge Court Assistant - Picoty/Collins N/A for the parties COURT Ruling read in open court in the absence of the parties and their advocates. MWANGI NJOROGE JUDGE 28/2/2018