Catherine Naisinoi Kasanga v Joash Nyamache Ongweso [2019] KEELC 3125 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT NAIROBI

ELC CIVIL CASE NO. 113 OF 2015 (OS)

IN THE MATTER OF: SECTION 27, 28 AND 159 OF THE REGISTERED LAND ACT CAP 300 THE LAWS OF KENYA (NOW REPEALED

AND

IN THE MATTER OF: SECTION 26(1) AND 80 (1) OF THE LAND REGISTRATION ACT, 2012

IN THE MATTER OF: THE CIVIL PROCEDURE ACT CAP 21 LAWS OF KENYA

AND

IN THE MATTER OF: TITLE LAND PARCEL NUMBER NGONG/NGONG/29225

BETWEEN

CATHERINE NAISINOI KASANGA...............................PLAINTIFF

AND

JOASH NYAMACHE ONGWESO

THE DISTRICT LAND REGISTRAR-NGONG........DEFENDANTS

RULING

1. The notice of motion dated 10th February 2015 was brought under certificate of urgency.  It is more than four (4) years.  The said application has not been heard and determined to date.

2. I am guided by Section 19 of the ELC Act in directing that the hearing of the main suit be expedited.  Accordingly I declare that the notice of motion dated 10th February 2015 be dispensed with.

3. Parties do comply with pretrial directions so that the suit can be heard fully.

It is so ordered.

Dated, signed and delivered in Nairobi on this 9TH day of MAY 2019.

...........................

L. KOMINGOI

JUDGE

In the presence of:-

......................Advocate for the Plaintiff

.................Advocate for the Defendants

.......................................Court Assistant