EDWARD WAFULA WAFUBWA
V.
MOSES NYONGESA MURESIA & 2 OTHERS

JUDGMENT OF THE COURT

This appeal is against the decision of Mukunya, J. dated 23^rd July 2015 where the High Court at Bungoma dismissed the appellant’s Civil Suit Environment and Land Court Case. No. 6 of 2014 for want of prosecution.

The decision arose from the 1^st respondent’s Notice of Motion dated 19^th May 2015 wherein the following orders were sought:

“That the High Court be pleased to dismiss the suit for want of prosecution;

That the cost of the suit be provided for”.

The application was premised on the grounds that the suit was filed on 9^th July 2014, and that for over a period of one year since the suit was filed, no steps had been taken to fix the suit for hearing; that demonstrated that the appellant was not interested in pursuing the suit, and that the continued maintenance of the suit was a source of burden to the 1^st respondent.

The application was supported by the sworn affidavit of the Moses Nyongesa Murisa, the 1^st respondent, which to a great extent reiterated the grounds …