Having heard counsel for both parties, considered the various documents, submissions and dispositive orders which dismissed the appellant’s suit before the trial court and dismissed the counterclaim before the trial court, this court finds that it has nothing to interpret. The court is functus officio and any aggrieved party was at liberty to appeal to the Court of Appeal. The import of the judgment was that it returned the parties to the position they were in before suit was filed. Application dated 15.4.2025 is hereby dismissed with no orders as to costs. Any status quo orders stand vacated. File remitted back to Siaya Environment and Land Court.
Orders accordingly.
Delivered and Dated at Machakos this 5th day of May, 2026.
HON. A. Y. KOROSS
JUDGE
05.05.2026
Ruling delivered virtually through Microsoft Teams Video Conferencing Platform
In the presence of;
Ms. Kanja Court Assistant
Mr. Onyatta for applicant.
Mr. Ochieng for respondent.
| ELC LAND APPEAL CASE NO E016 OF 2023 RULING1 |