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|Case Number:||Environment and Land Case 3 of 2021 (Formerly Migori Misc. ELC NO. 2/2020)|
|Parties:||Charles Mokaya Miroro v George Nyamweya Orangi & another|
|Date Delivered:||09 Dec 2021|
|Court:||Environment and Land Court at Homa Bay|
|Judge(s):||George Martin Atunga Ong'ondo|
|Citation:||Charles Mokaya Miroro v George Nyamweya Orangi & another  eKLR|
|Court Division:||Environment and Land|
|Case Outcome:||Notice of motion dismissed|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT HOMA- BAY
ELC No. 3 OF 2021
(Formerly Migori Misc. ELC NO. 2/2020)
CHARLES MOKAYA MIRORO....................................................................PLAINTIFF
GEORGE NYAMWEYA ORANGI & ANOTHER................................RESPONDENTS
1. The applicant, Charles Mokaya Miroro through M/s J.M Nyagwencha and company advocates originated a Notice of Motion dated 12th February 2020, seeking leave to file appeal out of time against the Judgement of the Principal Magistrate in Oyugis Senior Principal Magistrate’s Court Environment and land case No 12 of 2018.
2. I note the application (the Notice of Motion) in its entirety.
3. There is no indication that the Notice of Motion was served inspite of this court’s orders of 13th February, 2020.
4. The Notice of Motion has not been argued as ordered by court. The parties were duly served by the Deputy Registrar through, inter alia, email; email@example.com, firstname.lastname@example.org.
5. The parties were duly notified and are absent. They opted not to appear herein and canvass the Notice Motion, See Ogada-versus Mollin (2009) eKLR 620.
6. Thus, it is the finding of this court that the Notice Motion is unmerited. I proceed to dismiss the Notice of Motion dated 12th February 2020.
7. There shall be no orders as to costs of the Notice of Motion.
DATED AND DELIVERED AT HOMA BAY THIS 9TH DECEMBER, 2021
a) Okello, court assistant
b) Applicant and Respondent - Absent