Mosenda & another v Masana & another

Mosenda & another v Masana & another (Environment and Land Miscellaneous Case E006 of 2024) [2024] KEELC 14213 (KLR) (24 July 2024) (Ruling) Neutral citation: [2024] KEELC 14213 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MIGORI ENVIRONMENT AND LAND MISCELLANEOUS CASE E006 OF 2024 GMA ONGONDO, J JULY 24, 2024 BETWEEN PATRICK MOSENDA ....................................................................... 1ST APPLICANT THOMAS NYAMOHANGA ............................................................. 2ND APPLICANT AND JOHN MOGESI MASANA ............................................................ 1ST RESPONDENT JOHN KIMUNE MASANA .......................................................... 2ND RESPONDENT RULING 1. This ruling is in respect of an application by way of a Notice of Motion dated 3rd May 2024 by the two applicants through Mwita Kerario and Company Advocates to the eect that leave be granted to them to lodge an appeal against the judgment and decree of Honourable M.O OBIERO on 2nd March 2024 in Kehancha SPM Environment & Land case NO. E014 OF 2022 and the costs of the application be provided for. 2. The application was duly served on the two respondents as disclosed in the adavit of service sworn on 10th July 2024 herein. 3. So, the respondents were made aware of the existence of the application and opted not to respond to the same; see also Ogada v Mollin (2009) KLR 620. 4. It is therefore, the considered view of this court that the application is rm and merited. 5. Thus, the application is hereby allowed in terms of leave to le an appeal out of time as stated in paragraph 1 hereinabove with no orders as to costs. 6. It is so ordered. DATED AND DELIVERED AT HOMA BAY THIS 24TH DAY OF JULY 2024. https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/14213/eng@2024-07-24 1

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