Maryann Mohamed Cheabril (Suing as the administrator of the estate of Asha Jabril Mohamed (deceased) v Michael Koome Mburugu, Isiolo County Government, Jediel Kirimi Rutere, Chief Land Registrar, National Land Commission, Director of Survey & Attorney General [2019] KEELC 2965 (KLR) | Suit Dismissal | Esheria

Maryann Mohamed Cheabril (Suing as the administrator of the estate of Asha Jabril Mohamed (deceased) v Michael Koome Mburugu, Isiolo County Government, Jediel Kirimi Rutere, Chief Land Registrar, National Land Commission, Director of Survey & Attorney General [2019] KEELC 2965 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT  AT CHUKA

CHUKA ELC CASE NO. 06  OF 2019

MARYANN MOHAMED CHEABRIL

(Suing as the administrator of the estate

of Asha Jabril Mohamed (deceased)....................................PLAINTIFF

VERSUS

MICHAEL KOOME MBURUGU...........................1ST  DEFENDANT

ISIOLO COUNTY GOVERNMENT......................2ND  DEFENDANT

JEDIEL KIRIMI RUTERE......................................3RD DEFENDANT

CHIEF LAND REGISTRAR....................................4TH DEFENDANT

THE NATIONAL LAND COMMISSION..............5TH DEFENDANT

THE DIRECTOR OF SURVEY..............................6TH DEFENDANT

THE ATTORNEY GENERAL................................7TH DEFENDANT

RULING

1. On 18. 6.2019, this matter came up for hearing. The names of the plaintiff and the defendants were called on outside court.  They were all absent.

2. In terms of the provisions of Order 12(1) of the Civil Procedure Rules, this court was inclined to dismiss this suit. Upon considering that there was no certainty that all the parties were aware of the hearing date, I will give them another chance to be heard.

3. This court directs as follows:

1. The application dated 27th June, 2018, filed by the plaintiff, will be heard interpartes on 15th July, 2019.

2. Directions to be given on 15th July, 2019 and hearing of apposite issues to take place on the same day.

3. Notice to issue to all parties.

4. Orders accordingly.

Delivered in open Court at Chuka this 18th day of June, 2019 in the presence of:

CA: Ndegwa

M/s Kithaka h/b Murango Mwenda for the 3rd defendant

All parties and their advocates absent

P.M. NJOROGE

JUDGE