JUDGMENT OF THE COURT
[1] This is an appeal against a ruling of the Environment and Land Court (ELC) at Nairobi, (Obaga, J.) delivered on 27th June, 2017 dismissing the appellant’s application for review in ELC No. 225 of 2011. Julius Ochieng Oloo and Florence Thira Ochieng (appellants) had sought injunctive orders from the ELC and in a ruling delivered on 17th November, 2011, the appellants were directed to join City Council of Nairobi as a party to the suit to enable the court effectively determine the issue in dispute. After a period of more than two years, the appellants had not complied with the court’s directions and this prompted the respondent to apply for dismissal of the suit for want of prosecution.
[2] The application seeking dismissal of the suit was heard and upon considering the parties’ submissions, the court (Nyamweya, J.) delivered a ruling on 27th January, 2015 ordering that the suit be dismissed, and that the appellants bear the costs of the application and the entir…