RULING OF THE COURT
On 20th December, 2017 Mwangi Njoroge, J., sitting at the Environment and Land Court at Kitale, delivered a Judgment where he found in favour of the plaintiff (the applicant here). A counter-claim by the 2nd respondent was dismissed. The 2nd respondent being dissatisfied with those findings lodged a Notice of Appeal against the whole Judgment on 17th January, 2018.
The applicant, Peter Kagunza Adaji has brought a Motion before us said to be under rules 83 and 84 of the rules of this Court where it is prayed that the said Notice of Appeal be struck out and we are asked to award costs of the Motion to the applicant. In grounds in support of the Motion and in a Supporting Affidavit by David O. Teti, the lawyer for the applicant, it is stated that the respondents have failed to institute an appeal within 60 days from the date the Notice of Appeal was lodged; that the Notice of Appeal should be deemed as withdrawn; that there was no letter bespeaking proceedings or such l…