Enosokon Group Ranch v Samwel Malakwen & 53 Others

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT OF KENYA AT NAKURU CIVIL APPEAL NO. 11 OF 2001 ENOSOKON GROUP RANCH....................................APPLICANT AND MUKUYUINI FARMERS CO. LTD..........................RESPONDENT VERSUS SAMWEL MALAKWEN & 53 OTHERS...............OBJECTORS RULING 1. I have perused this file and the file ELC 65/2013. This is an appeal arising from a decision of the Appeals Committee from a decision of the Land Disputes Tribunal. This Appeal was dismissed, and strictly speaking, save probably for costs, the function of this court is spent. 2. In the file ELC 65/2013, the plaintiffs’ case and the defendants’ counterclaim were both dismissed. There was an issue of a report to be adopted but my view of the matter was that since both the plaintiffs’ and defendants’ claims have been dismissed, there was no substratum upon which this court could make further orders. 3. I still hold that position . 4. This being an appeal file, the appeal having been dismissed, this court is functus officio. Matters of execution of the decree appealed from should be addressed to the court that issued the decree, not to the appellate court. 5. My position is that this court is functus officio and I am therefore not able to adopt any report or make orders for execution. 6. It is so directed. Dated, signed and delivered in open court at Nakuru this 19th day of September 2016. MUNYAO SILA JUDGE

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