Gakuye & another (Suing as Legal Representatives of the Estate of Jemimah Nyabura Gakuya - Deceased) v Ngare & another [2022] KEELC 2581 (KLR)

Gakuye & another (Suing as Legal Representatives of the Estate of Jemimah Nyabura Gakuya - Deceased) v Ngare & another (Environment & Land Case 1214 of 2014) [2022] KEELC 2581 (KLR) (14 July 2022) (Ruling)

Neutral citation: [2022] KEELC 2581 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 1214 of 2014

LN Mbugua, J

July 14, 2022

Between

Wilfred Gakuye & Joyce Wambui Mbai

Plaintiff

Suing as Legal Representatives of the Estate of Jemimah Nyabura Gakuya - Deceased

and

Daniel Mbocha Ngare

1st Defendant

Chief Land Registrar Nairobi

2nd Defendant

Ruling

1. I have gone through the records; I find that from 29/9/2019 when the last witness of the plaintiff testified, the case has been adjourned severally as follows:i.On 4/2/2020, the case was adjourned at instance of the plaintiff.ii.On 6/7/2020, the plaintiffs sought for adjournment. It appears that they were not sure if their case was closed or not. Thereafter, parties attempted to explore settlement which did not bear fruits.iii.On 3/3/2021, again the plaintiff’s counsel seized of the matter was not ready.iv.As for the date of 15/3/2022, the matter was removed by the court as the court was on leave; while the date of 3/5/2022 was a public holiday.

2. Thus by and large it is, the plaintiffs who have caused the adjournments in this case.

3. Secondly, I find that the issue of summons was raised by the Attorney General even long before the plaintiff’s case was heard as per the proceedings of 25/7/2019.

4. In that regard, the court allows the adjournment of the case. Summons to issue as prayed by Mr. Meenge.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 14TH DAY OF JULY, 2022 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Njoroge holding brief for Karuga for the PlaintiffMeenge for the 2nd DefendantCourt Assistant: Eddel