James v Mburu [2025] KEELC 645 (KLR)

James v Mburu (Environment and Land Appeal E026 of 2022) [2025] KEELC 645 (KLR) (20 February 2025) (Ruling)

Neutral citation: [2025] KEELC 645 (KLR)

Republic of Kenya

In the Environment and Land Court at Kajiado

Environment and Land Appeal E026 of 2022

LC Komingoi, J

February 20, 2025

Between

Johnson Gatauwa James

Appellant

and

Leah Wanjiru Mburu

Respondent

Ruling

1. This court on the 25th April 2024 delivered its Judgment and dismissed the Appeal with costs to the Respondent. The Appellant then filed the Notice of Motion 1st July 2024 which was dismissed for non-attendance on the 24th September 2024.

2. The Notice of Motion dated 27th September 2025 seeks reinstatement of the Notice of Motion dated 1st July 2024 which was filed after a long delay.

3. It is my view that this court is functus officio having rendered its Judgment on 25th April 2024. Reinstating the Notice of Motion dated 1st July 2024 will serve no purpose.

4. If the Appellant is dissatisfied with the Judgement of this Honourable Court he ought to pursue an appeal. I find no merit in this Application and the same is dismissed with no orders as to costs.

DATED, SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 20TH DAY OF FEBRUARY 2025. L. KOMINGOIJUDGEIn the presence of:Ms. Kaberia for Mr. Mbigi for the Appellant.N/A for the Respondent.Court Assistant – Mutisya.