JUDGMENT
On 20th December 2013 Gitumbi, J. delivered a ruling in respect of the 5th respondent’s notice of motion dated 15th May 2013 that sought an order to declare that Environment and Land Case No. 79 of 2007 had abated, or in the alternative an order to dismiss the suit for want of prosecution.
The application was premised on the arguments that the suit was filed on 27th April 2007 simultaneously with an application seeking injunctive orders but had not been set down for hearing. It was further contended that summons to enter appearance had not been served upon the 5th respondent to enable it enter appearance and file a statement of defence.
The application was opposed by the appellant. In its grounds of opposition, the appellant stated that the application was incompetent and the orders sought could not be granted; that the affidavit in support of the application was defective and was not admissible in law and the application was frivolous and an abuse of the court process as it amo…