Muchira v Attorney General & 4 others; National Bank of Kenya Limited (Interested Party) [2023] KEELC 22474 (KLR)

Muchira v Attorney General & 4 others; National Bank of Kenya Limited (Interested Party) (Environment & Land Case 1016 of 2012) [2023] KEELC 22474 (KLR) (14 December 2023) (Ruling)

Neutral citation: [2023] KEELC 22474 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 1016 of 2012

LN Mbugua, J

December 14, 2023

Between

Anne Wamunyu Muchira

Plaintiff

and

The Attorney General

1st Defendant

Commissioner Of Lands

2nd Defendant

Chief Land Registrar

3rd Defendant

Veronica Wairimu Nganga

4th Defendant

Dominic Ng’Ethe Nganga

5th Defendant

and

National Bank Of Kenya Limited

Interested Party

Ruling

1. I have considered the application dated 18. 10. 2023. The same is not being opposed by the Interested Party. The 4th and 5th defendants were served and they seek more time to file their Replying Affidavit which is apparently in draft form.

2. I have however considered that the festive season is just round the corner hence any prosecution of the application would spill over to next year in the event that the 4th and 5th defendants are given time to file and serve a Replying Affidavit. In the interest of time & justice, and considering the nature of the application and the orders given in the judgment dated 18. 9.2023, I hereby grant a stay of execution of the judgment upto 31. 1.2024. Each party is to bear their own costs of the application.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 14TH DAY OF DECEMBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Ngugi for Plaintiff ApplicantOkoth holding brief for Mugambi for 4th & 5th Defendants/RespondentsM/s Ngari for Interested Party (bank)Court assistant: Eddel