https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3700
The appellant was duly served with the notice to show cause but failed to attend court or explain the delay; the appeal was therefore dismissed for want of prosecution, with each party bearing its own costs.
Source-derived case information.
- Citation
- [2026] KEELC 3700 (KLR)
- Parties
- Appellant: John Marangu Mwamba; 1st Respondent: Humphrey Bundi Miriti; 2nd Respondent: Stella Kawira; 3rd Respondent: Scholastica Nkirote
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E118 of 2021
- Procedural Posture
- Environment and Land Appeal / Notice to Show Cause / Dismissal for Want of Prosecution
- Outcome
- Appeal dismissed for want of prosecution.
- Judges
- ["BM Eboso"]
- Legal Topics
- Dismissal for Want of Prosecution, Notice to Show Cause, Non Attendance, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Marangu Mwamba
Appellant
Humphrey Bundi Miriti
1st Respondent
Stella Kawira
2nd Respondent
Scholastica Nkirote
3rd Respondent
Procedural Posture
Environment and Land Appeal / Notice to Show Cause / Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the appeal should be dismissed for want of prosecution after the appellant failed to attend court on the notice to show cause date.
- 2 What order should be made on costs.
Ratio Decidendi
The appellant was duly served with the notice to show cause but failed to attend court or explain the delay; the appeal was therefore dismissed for want of prosecution, with each party bearing its own costs.
Court Disposition
Appeal dismissed for want of prosecution.
Orders
- The appeal is dismissed.
- Each party shall bear its own costs of the appeal.
Full Case Text
Judgment text and source record
1 paragraphs
Mwamba v Miriti & 2 others (Environment and Land Appeal E118 of 2021) [2026] KEELC 3700 (KLR) (8 June 2026) (Ruling) Neutral citation: [2026] KEELC 3700 (KLR) Republic of Kenya In the Environment and Land Court at Meru Environment and Land Appeal E118 of 2021 BM Eboso, J June 8, 2026 Between John Marangu Mwamba Appellant and Humphrey Bundi Miriti 1st Respondent Stella Kawira 2nd Respondent Scholastica Nkirote 3rd Respondent Ruling (Ex-tempore) 1.. This appeal came up for notice to show cause today. The notice to show cause was served on the appellant vide an email on 22/5/2026. The appellant has not attended court to show cause why the appeal should not be dismissed for want of prosecution. 2.Consequently, the appeal is hereby dismissed. Parties shall bear their respective costs of the appeal. DATED, SIGNED AND DELIVERED AT MERU THIS 8TH DAY OF JUNE, 2026.B M EBOSO [MR]ELC JUDGEIn the presence of:Appellant – AbsentRespondents - AbsentCourt Assistant – Mr. E. Tupet