[2025] KEELC 5379 (KLR)
The court dismissed the application dated 8/5/2025 due to the applicant's failure to attend court and prosecute the notice of motion. The court also noted that one of the issues requiring the applicant's address was the court's jurisdiction, but in the applicant's absence, the application could not proceed....
Source-derived case information.
- Citation
- [2025] KEELC 5379 (KLR)
- Parties
- Applicant: Geofrey Kaburu Bundi; Respondent: Faulu Micro-Finance Bank Limited; Respondent: Keysian Auctioneers
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Case E022 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Non Attendance
- Outcome
- application dismissed for non-attendance; case closed
- Judges
- BM Eboso
- Legal Topics
- Dismissal for Non Attendance, Jurisdiction, Notice of Motion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geofrey Kaburu Bundi
Applicant
Faulu Micro-Finance Bank Limited
Respondent
Keysian Auctioneers
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Non Attendance
Legal Issues
- 1 Whether the court has jurisdiction to entertain the matter given the nature of the dispute in the lower court.
- 2 Whether the application should be dismissed for non-attendance by the applicant.
Ratio Decidendi
The court dismissed the application dated 8/5/2025 due to the applicant's failure to attend court and prosecute the notice of motion. The court also noted that one of the issues requiring the applicant's address was the court's jurisdiction, but in the applicant's absence, the application could not proceed. Consequently, the miscellaneous application was marked as closed.
Court Disposition
application dismissed for non-attendance; case closed
Orders
- The notice of motion dated 8/5/2025 is dismissed for non-attendance.
- This miscellaneous application/suit is marked as case closed.
Full Case Text
Judgment text and source record
19 paragraphs
Bundi v Faulu Micro-Finance Bank Limited & another (Environment and Land Miscellaneous Case E022 of 2025) [2025] KEELC 5379 (KLR) (2 July 2025) (Ruling)
Neutral citation: [2025] KEELC 5379 (KLR)
Republic of Kenya
In the Environment and Land Court at Meru
Environment and Land Miscellaneous Case E022 of 2025
BM Eboso, J
July 2, 2025
Between
Geofrey Kaburu Bundi
Applicant
and
Faulu Micro-Finance Bank Limited
1st Respondent
Keysian Auctioneers
2nd Respondent
Ruling
1. The applicant has not attended court to prosecute the notice of motion dated 8/5/2025. Among the issues the court expected the applicant to address is the jurisdiction of this court to entertain this matter, taking into account the gist of the dispute that was in the lower court.
2. In the absence of the applicant, the application dated 8/5/2025 is dismissed for non-attendance. This miscellaneous application/suit is marked “case closed”
DATED, SIGNED AND DELIVERED AT MERU THIS 2ND DAY OF JULY 2025B M EBOSOJUDGEIn the presence ofCourt Assistant - Tupet