Jeremiah M’njogu Mrugoji v Josphat Kirimania for Magundu Water and Sanitation Project & others [2018] KEHC 7932 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT KENYA AT MERU

JR. CIVIL NO.1 OF 2017

JEREMIAH M’NJOGU MRUGOJI .....................................APPLICANT

VS

JOSPHAT KIRIMANIA FOR MAGUNDU

WATER AND SANITATION PROJECT& OTHERS.........RESPONDENT

RULING

The Exparte applicant herein moved the court on 14th March 2017 to grant him leave to apply for orders of Mandamus and the same orders were granted on 20th of July 2017.

The application by way of Notice of Motion was supposed be filed and served within the statutory period of 21 days.  I have perused the court record and confirm that the exparte applicant has not complied with the order of 20th July 2017 granting him leave to file application for orders of mandamus.

There is therefore no suit for this court to consider and the many applications and pleadings filed by the exparte applicant as well as submissions by both the exparte applicants, the Respondents and the interested parties are a nullity ab initio. The cause stands struck out with costs to the Respondents.

HON A.ONG’INJO

JUDGE

RULING DELIVERED, DATED AND SIGNED IN COURT THIS 22ND DAY OF FEBRUARY 2018.

In the presence of:

Applicant: Present in person

Respondent: present in person

HON A.ONG’INJO

JUDGE