Kamau v Kamau & 2 others; Family Bank Limited (Interested Party/Respondent) [2022] KEELC 13675 (KLR)

Kamau v Kamau & 2 others; Family Bank Limited (Interested Party/Respondent) (Environment & Land Case E014 of 2020) [2022] KEELC 13675 (KLR) (18 October 2022) (Ruling)

Neutral citation: [2022] KEELC 13675 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case E014 of 2020

LN Mbugua, J

October 18, 2022

Between

Samuel Mugi Kamau

Plaintiff

and

Janet Wamaitha Kamau

1st Defendant

Nahashon Kariithi Mwangi

2nd Defendant

Thome Farmers Co. (NO.1) Ltd

3rd Defendant

and

Family Bank Limited

Interested Party/Respondent

Ruling

1. I have perused the record. I find that the directions given on April 27, 2022 were self executing orders particularly in terms of clause (3) thereof. The plaintiff was to take out summons to enter appearance and serve them within 30 days that is by May 27, 2022.

2. A look at the summons to enter appearance in the court file indicate that they are dated July 3, 2022. There is no evidence of service of even the late summons.

3. I find that clause 3 of the orders April 27, 2022 took effect on May 27, 2022. In the circumstances, this suit stands as having been struck out. The costs of the suit are awarded to defendants and interested party. File is closed.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 18TH DAY OF OCTOBER, 2022 THROUGH MICROSOFT TEAMS.LUCY N MBUGUAJUDGEIn the presence of:-M/s Mwangi for plaintiffWanga for 1st defendantKimondo for 2nd defendantCourt assistant: Eddel