https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3738
The appellant had taken no steps to prosecute the appeal for nearly five years, and in the absence of any objection from the respondents, the court accepted the oral application and marked the appeal withdrawn with no order as to costs.
Source-derived case information.
- Citation
- [2026] KEELC 3738 (KLR)
- Parties
- Appellant: Ruth Kimathi John; 1st Respondent: Rosemary Mukiri Murangiri; 2nd Respondent: Housing Finance Company of Kenya Ltd
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E031 of 2021
- Procedural Posture
- Environment and Land Appeal / Withdrawal of Appeal After Notice to Show Cause
- Outcome
- Appeal withdrawn; no order as to costs.
- Judges
- ["BM Eboso"]
- Legal Topics
- Withdrawal of Appeal, Want of Prosecution, Notice to Show Cause, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Kimathi John
Appellant
Rosemary Mukiri Murangiri
1st Respondent
Housing Finance Company of Kenya Ltd
2nd Respondent
Procedural Posture
Environment and Land Appeal / Withdrawal of Appeal After Notice to Show Cause
Legal Issues
- 1 Whether the appeal should be withdrawn in the absence of prosecution steps
- 2 Whether costs should be awarded on withdrawal
Ratio Decidendi
The appellant had taken no steps to prosecute the appeal for nearly five years, and in the absence of any objection from the respondents, the court accepted the oral application and marked the appeal withdrawn with no order as to costs.
Court Disposition
Appeal withdrawn; no order as to costs.
Orders
- The appeal is marked withdrawn.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
John v Murangiri & another (Environment and Land Appeal E031 of 2021) [2026] KEELC 3738 (KLR) (10 June 2026) (Ruling) Neutral citation: [2026] KEELC 3738 (KLR) Republic of Kenya In the Environment and Land Court at Meru Environment and Land Appeal E031 of 2021 BM Eboso, J June 10, 2026 Between Ruth Kimathi John Appellant and Rosemary Mukiri Murangiri 1st Respondent Housing Finance Company of Kenya Ltd 2nd Respondent Ruling [Ex-Tempore] 1.This appeal was lodged by Ruth Kimathi John on 11/2/2021 vide a memorandum of appeal dated 9/2/2021. It challenged a ruling rendered on 11/1/2021 in Meru CMCC No 149 of 2019. From 26/5/2021 to 9/2/2026, the appellant did not take any step to prosecute the appeal. This prompted the Deputy Registrar to place the file before the Judge who in turn issued a notice to show cause. 2.Mr Mutegi has attended court on behalf of the appellant toady and has made an oral application to withdraw the appeal with no order as to costs. There is no objection to the oral plea because the respondent did not attend the sitting for notice to show cause. 3.In the absence of any objection, the appeal is hereby marked “withdrawn with no order as to costs”. The file shall be closed. DATED, SIGNED AND DELIVERED AT MERU THIS 10TH DAY OF JUNE, 2026.B M EBOSO [MR]ELC JUDGE