Orayo v Aluoch & 2 others (Suing as Joint Administrators of the Estate of Onjong’a Ongodo - Deceased) (Environment and Land Appeal E035 of 2024) [2025] KEELC 7061 (KLR) (16 October 2025) (Ruling)

Facts

The appellant Vincent Orayo sought an order dismissing the appeal for want of prosecution, setting aside the orders of 3rd October, 2024 in TAMU MCELC No. E004 Of 2022, and providing for the costs of the application. The grounds for the application were that the appellant had secured a stay order before the trial court, lost zeal for the appeal, earned mesne profits from the suit land, destroyed property of monumental value, and failed to provide proof of proceedings.

Issues

1. Whether the appeal should be dismissed for want of prosecution
2. Whether the orders of 3rd October, 2024 in TAMU MCELC No. E004 Of 2022 should be set aside
3. Whether the costs of the application should be provided for

Reasoning

The court found that the appellant had lost zeal for the appeal once he secured the stay orders before the trial court, and that he was earning mesne profits from the suit land and destroying property of monumental value.

Outcome

Appeal dismissed