REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MALINDI
ELC NO E25 OF 2023
KENZO HUGUES NDAYA LUSAMBO ALIAS IDDI NDAYA LUSAMBO
SUING ON OWN BEHALF AND ON BEHALF OF THE ESTATE OF
KAMILA MPEMBA ALIAS JEANETTE VON ROHR ……………………….. PLAINTIFF
VERSUS
MPEMBA OMAR MPEMBA ………………………………….…………..……DEFENDANT
NASSIR OMAR MOHAMMED ………………………..……...……...……. DEFENDANTS
RULING
- The notice of motion application for determination in the present ruling is dated 26/2/2024 and it was filed by the 2nd defendant on 28/2/2024. It seeks orders that the suit herein be struck out with costs for on the grounds stated on its face which I will not reiterate here for reasons that are apparently in the rest of this ruling. The application came up before this court on 20/3/2024 when the court ordered that the same be served within 7 days and that an affidavit of service be filed in default of which the motion would stand dismissed for want of prosecution. I have perused the file record as well as the CTS and found that the orders were not complied with and the application dated 26/2/2024 is hereby dismissed for want of compliance with court orders.
Dated, signed and delivered at Malindi via electronic mail on this 4th day of June 2024.
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