his matter was transferred from Ndhiwa Court to this Court on 13th January 2026 on account of Jurisdiction.
The plaintiffs had filed a suit against the Defendants, where they sought orders of eviction amongst other prayers.
However, in the Course of proceedings before the lower Court on 18th June 2025, the plaintiff withdrew his suit, and the counterclaim was moved to this Court.
On 5th February 2026, Anyango, Advocate for the Plaintiff was present while the Defendants ere absent
The Court then gave a mention on 8th May 2026 and directed Counsel to effect Service.
On 8th May 2026, Counsel for the Plaintiff and all the Defendants were present .The court then gave one month to the Defendants to comply with order11and and rescheduled the matter to 14th July 2026.
Today, the matter has been called out twice, and seemingly there is no response from the defendants. The defendants have also failed to comply with the Court's directions.
For the reasons of absence and non- compliance, I proceed to dismiss the counterclaim with Costs to the plaintiffs. This file is marked as closed.
Ruling, dated and delivered at Homa Bay this 14th day of July 2026 in open court.
In the presence of;
1. Anyango for the plaintiff-Present
2. No appearance for the 1st ,2nd and 3rd defendants
4. Ms. Bosibori, court assistant.