IN THE COURT OF APPEAL
AT ELDORET
(CORAM: GITHINJI, OKWENGU and J MOHAMMED, JJ.A)
CIVIL APPEAL NO. 16 OF 2017
BETWEEN
PKIECH CHESIMAYA..........................................................APPELLANT
AND
LIMAKORWAI ACHIPA....................................................RESPONDENT
(Appeal from the Ruling of the Environment and Land Court of Kenya at Kitale, (Obaga, J.) dated 29th August, 2016
in
KITALE ELC CASE NO. 200 OF 2006)
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JUDGMENT OF J. MOHAMMED, JA
Background
1. This is an interlocutory appeal against a ruling delivered by the Environment and Land Court (ELC) (Obaga, J.) dismissing the appellant’s suit for want of prosecution. The appellant, Pkiech Chesimaya, filed suit against Limakorwai Achipa, (the respondent) by way of plaint dated 9th December, 2006.
2. A brief background of the suit is that the appellant sought a declaration that he was the sole legal and beneficial owner of the whole Land Parcel No. West Pokot/Chepareria/812 (the suit property) and a perm…