M’mbogori v Njeru [2025] KEELC 668 (KLR)

M’mbogori v Njeru (Environment & Land Case E004 of 2023) [2025] KEELC 668 (KLR) (19 February 2025) (Ruling)

Neutral citation: [2025] KEELC 668 (KLR)

Republic of Kenya

In the Environment and Land Court at Meru

Environment & Land Case E004 of 2023

BM Eboso, J

February 19, 2025

Between

Angelo Kimathi M’mbogori

Plaintiff

and

Esther Wangui Njeru

Defendant

Ruling

1. I have looked at and considered the application dated 18/2/2025. Counsel for the applicant has invited the court to give directions on the application. Counsel concedes that the applicant has not yet obtained a grant under the law of Succession Act. His petition is still pending in the Succession Court.

2. In the absence of a grant, the application dated 18/2/2025 has been brought prematurely. The application is clearly incompetent and cannot be cured through subsequent obtention of a grant.

3. For the above reason, the application dated 18//2025 is struck out. The estate shall be at liberty to bring a competent application once a grant is issued. There shall be no order a to costs.

DATED, SIGNED AN DELIVERED AT MERU THIS 19TH DAY OF FEBRUARY, 2025B M EBOSO [MR]JUDGE