JUDGMENT OF THE COURT
1. The appellant herein had lodged an appeal before the Environment and Land Court (ELC) challenging a decision rendered by the Mombasa Chief Magistrate’s court. On learning of that impending appeal, the respondent took out a notice of motion, in which he contended that the said appeal was incompetent and ought to be struck out on grounds that a certified copy of the decree had not been extracted and the memorandum of appeal was not served upon him.
2. In a ruling delivered on 18th September, 2015, the court found the application devoid of merit and dismissed it. The appellant was thus extended a lifeline, albeit on condition that it shall take steps to have the appeal fixed for directions within 45 days of that ruling. However, the aforesaid lifeline and attendant condition notwithstanding, the appellant still took no steps to have the matter listed for directions. This prompted the respondent to move court once more through an application dated 16th November, 201…