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Original judgment

Mwenda v M’ethiame (Environment and Land Appeal E049 of 2023) [2025] KEELC 6577 (KLR)

Mwenda v M’ethiame (Environment and Land Appeal E049 of 2023) [2025] KEELC 6577 (KLR) (29 September 2025) (Ruling) Neutral citation: [2025] KEELC 6577 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ENVIRONMENT AND LAND APPEAL E049 OF 2023 BM EBOSO, J SEPTEMBER 29, 2025 BETWEEN JULIUS KIRIMI MWENDA ................................................................... APPELLANT AND ADNREW MUREGA M’ETHIAME .................................................. RESPONDENT RULING 1. This Appeal was filed on 13/12/2023. It challenges the judgment of the Senior Resident Magistrate Court at Maua, dated 22/11/2023. The appeal was listed for directions before the Deputy Registrar on 29/2/2024, 27/6/2024, 31/10/2024, 6/2/2025, and 3/4/2025. On all the above occasions, the appellant did not attend the sessions. He has not filed and served the record of appeal. 2. The matter was listed for Notice To Show Cause before the Judge on 1/7/2025 and today, 29/9/2025. On both occasions, the appellant did not/has not attend(ed) Court. Efiectively, the appellant has failed to attend Court to show cause why the appeal should not be dismissed for want of prosecution. 3. In the circumstances, the appeal is hereby dismissed for want of prosecution. It is so ordered. There shall be no award of costs. The file shall be marked “Case Closed”. DATED SIGNED AND DELIVERED AT MERU THIS 29TH DAY OF SEPTEMBER, 2025. B M EBOSO [MR.] ELC JUDGE In the presence of: Court Assistant – Tupet Appellant – Absent Respondent – Absent https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6577/eng@2025-09-29 1

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