Gikunju v Jacinta Njeri t/a Munjethi Investments & 2 others [2023] KEELC 20796 (KLR)

Gikunju v Jacinta Njeri t/a Munjethi Investments & 2 others (Environment and Land Case Civil Suit 411 of 2018) [2023] KEELC 20796 (KLR) (18 October 2023) (Ruling)

Neutral citation: [2023] KEELC 20796 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment and Land Case Civil Suit 411 of 2018

LN Mbugua, J

October 18, 2023

Between

Raphael Wanjohi Gikunju

Plaintiff

and

Jacinta Njeri t/a Munjethi Investments

1st Defendant

Gatundu Mang’u Farm Company Limited

2nd Defendant

Kenya Urgan Roads Authority

3rd Defendant

Ruling

1. This ruling is in respect of the application made by counsel for 1st and 2nd defendant to the effect that the suit is statute barred. The desires that the court should deal with this issue before the hearing. The application is opposed.

2. I find that Pretrial directions were conducted way back on 21. 12. 2019 and the matter was certified for hearing. Thereafter, the case was listed for hearing on 18. 11. 2020, 31. 5.2022 and 2. 2.2023. In all these instances, the issue now being raised was not mentioned. On 2. 2.2023 the court gave directions for further Pretrial Direction to be conducted on 8. 6.2023 just to ensure that there were no further issues being raised during the trial. Again on 8. 6.2023, the issue was not raised.

3. In the circumstances, the court declines to hear the application of the 1st – 2nd defendants at this stage. Instead, I direct that the issue be raised during submissions.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 18TH DAY OF OCTOBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Githinji for PlaintiffFatma for 3rd DefendantM/s Waweru for 1st & 2nd DefendantsCourt Assistant: Eddel