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ELCDismissedNot stated in judgment· [2025] KEELC 8351 (KLR)

Leonard v Leonard (Suing as the legal representative of the Estate of Leonard M’Rithaa); Gatakaa t/a Licenced Surveyor (Interested Party) (Environment and Land Appeal E005 of 2025) [2025] KEELC 8351 (KLR)

Environment and Land Court
24 November 2025
BEB M Eboso
87 words in judgment
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The bottom line

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What this practically means

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Executive summary

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This is a brief ex-tempore ruling of the Environment and Land Court at Chuka (B M Eboso, ELC Judge) dated 24 November 2025. The matter came before the court as an appeal which, by an earlier order made on 27 October 2025, was to stand dismissed if not prosecuted. The appeal was not prosecuted, and accordingly it stood dismissed on 10 November 2025. The court recorded that dismissal and marked the appeal 'dismissed for want of prosecution.' On costs, the court invoked the general principle in Section 27 of the Civil Procedure Act that costs follow the event, and ordered the appellant to bear the costs of the appeal. The judgment does not disclose the parties' names, the appeal number, the decision appealed from, or any substantive merits; it is purely a procedural dismissal. Counsel for both parties (Mr. Wakoko for the Appellant and Mr. I. C. Mugo for the Respondent) were present, as was the Court Assistant, Mr. Mwangi. There were no issues for substantive determination beyond the consequential dismissal and the costs order, and no authorities were cited.

Key legal issues

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01

Dismissal of appeal for want of prosecution

Holding

The appeal stood dismissed on the date fixed by the prior order for failure to prosecute it

Reasoning

The court had, on 27/10/2025, made an order under which the appeal would stand dismissed if not prosecuted. The appeal was not prosecuted, and it therefore stood dismissed on 10/11/2025. The court merely recorded and marked the dismissal for want of prosecution.

p. 1
02

Costs of the dismissed appeal

Holding

Costs of the appeal are awarded to the respondent against the appellant in line with Section 27 of the Civil Procedure Act

Reasoning

Applying the general principle that costs follow the event under Section 27 of the Civil Procedure Act, the unsuccessful appellant was ordered to bear the costs of the appeal, there being no reason to depart from that principle.

p. 1

Legal principles established

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  • An appeal that is not prosecuted in compliance with a court order stands dismissed, and costs follow the principle in Section 27 of the Civil Procedure Act

Court orders

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  1. 1.The appeal stood dismissed on 10/11/2025 by dint of the order of 27/10/2025 and is marked 'dismissed for want of prosecution'
  2. 2.The appellant shall bear the costs of the appeal
Jurisdiction invoked
Not expressly stated; the matter is an appeal before the Environment and Land Court

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Leonard v Leonard (Suing as the legal representative of the Estate of Leonard M’Rithaa); Gatakaa t/a Licenced Surveyor (Interested Party) (Environment and Land Appeal E005 of 2025) [2025] KEELC 8351 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8351/eng@2025-11-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.