Japhet Mugambi Igweta v Eunice Njira Kuura [2017] KEELC 2133 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND  COURT AT MERU

ELC APPEAL NO.13 OF 2017 (FORMERLY HCA 25B /2011)

JAPHET MUGAMBI IGWETA........APPELLANT

VERSUS

EUNICE NJIRA KUURA ................RESPONDENT

R U L I N G

1. The Notice of Motion dated 23rd  July, 2017  seeks the following orders:-

1. That this Honourable Court  be pleased to allow the appellant to amend his memorandum of appeal in terms of the draft annexed hereto.

2. That the costs be in this suit.

2. The application is based of the grounds that:-

a. That the Appellant needs to canvas other grounds of appeal which are not in the memorandum of appeal.

b. That in order for the Court to determine the issues in controversy effectively an amendment is called for.

c. That it is in the interest of Justice that the application is preferred.

3. The application is supported by the Supporting Affidavit of Japhet Mugambi Igweta sworn on  23rd May, 2017 and has the following grounds.

1. That  the Applicant needs to amend memorandum of appeal to capture the grounds  applicant need to canvas together with the earlier ones in the initial memorandum dated 2. 3.2011

2. That for the court to effectively adjudicate  on the matter leave for amendment  must be sought since the directions have been given already.

4. I find that this is a very old matter. It is only after it  was  earmarked for dismissal on 23. 5.17 that this application was  brought  forth. No plausible explanation has been advanced as to why applicant has waited this long to file the application.

Nevertheless, the Court proceeds to allow the application in the interest of justice  but on the following terms.

1. The Amended memorandum of Appeal to be filed and served within 7days failing of which the amendment is disallowed.

2. Applicant to meet costs of the application.

DELIVERED, DATED AND SIGNED AT MERU THIS   26th  DAY  OF  JULY, 2017 IN THE PRESENCE OF:

C:A Janet

Mwanzia for the Appellant

Haroun Gitonga for the Respondent absent

HON. L. N. MBUGUA

ELC JUDGE