REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA OF KISII Civil Case 352 of 1996 JOAN SEREMA SIRIMANI………………………………………PLAINTIFF -VERSUSOKERO AYIENGA………………………………………1ST DEFENDANT STEPHEN OKERO……………………………………..2ND DEFENDANT RULING The plaintiff’s application to have the case referred to the Land Disputes Tribunal at Ogembo for resolution cannot be granted. This is because there is no case pending for determination. Judgment in the case was delivered on 28/3/2003 dismissing the suit with no order as to costs. This followed full hearing of the case. On 7/4/2008 the Court dismissed for want of prosecution the plaintiff’s application brought under Order 45 rule 1 of the Civil Procedure Rules and section 3A of the Civil Procedure Act. The present application is consequently dismissed. The same was not opposed and therefore there shall be no order for costs. Dated, signed and delivered this 6th October, 2009. A.O.MUCHELULE JUDGE 6/10/2009 Before Hon. A.O.Muchelule-Judge Court clerk-Mongare Plaintiff-present COURT: ruling in open court. A.O. MUCHELULE JUDGE 6/10/2009
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.