Leah Wangui Mburu v Michael W Githumbi, John Gitonga & Nuclear Investments Company Limited [2016] KEELC 316 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  OF KENYA

AT NAKURU

HCC 356 OF 2010

LEAH WANGUI MBURU  ……....……….………PLAINTIFF

VERSUS

MICHAEL W.  GITHUMBI  ……………..1ST   DEFENDANT

JOHN GITONGA ……….…..…………….2ND   DEFENDANT

NUCLEAR  INVESTMENTS COMPANY  ……………………………..……..LIMITED 3RD  DEFENDANT

RULING

1. I was today meant to deliver a ruling on the application dated 10 December 2015. The same was argued on 22 September 2016. I have however not been able to  make   a ruling since I am unable to comprehend what exactly  is before this court.  It appears as if the original court file got lost and there was attempt at reconstruction. But what I have before me are documents which cannot lead me to know what and where the plaint is or other   pleadings such as defence etc.

2. I am  of the view  that the  parties  first need to  file  a properly  reconstructed  file before I  can deal  effectively with  the  application of  10 December 2015.

3. I direct the plaintiff to comply with the above within    30 days.

4. It is so directed.

Dated, signed and delivered in open court at Nakuru this 13th   day of October 2016.

MUNYAO SILA

JUDGE

ENVIRONMENT & LAND COURT

AT NAKURU

In presence of :-

Ms. Ndungu for  plaintiff

Mr. Kariuki for 2nd defendant/applicant

Ms. Chepngetich holding brief for Mr. Kabathi for 3rd  defendant.

No appearance on part of 1st  defendant

Court  Assistant  :   Janet

MUNYAO SILA

JUDGE

ENVIRONMENT & LAND COURT

AT NAKURU