Mugere Kamotho v James Muchiri Ndegwa, David Muthengi, John Nyaga, M’Imwitha M’Rinthira, Jackson Makunyi Kururu, M’Gweta Murua, Njeru Ngoroi, Alexander Munene Mati, Patrick Mutugi Mati, John Gitonga Mati, Catherine Kagendo Muturia & M’Nandi Maikithe [2019] KEELC 1481 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT CHUKA

CHUKA ELC  CASE NO. 05  OF 2019

FORMERLY CHUKA C.M’S CIVIL CASE NO. 114 OF 2018

MUGERE KAMOTHO....................................................PLAINTIFF

VERSUS

JAMES MUCHIRI NDEGWA.................................1ST DEFENDANT

DAVID MUTHENGI................................................2ND DEFENDANT

JOHN NYAGA..........................................................3RD DEFENDANT

M’IMWITHA M’RINTHIRA .................................4TH DEFENDANT

JACKSON MAKUNYI KURURU...........................5TH DEFENDANT

M’GWETA MURUA..................................................6TH DEFENDANT

NJERU NGOROI......................................................7TH DEFENDANT

ALEXANDER MUNENE MATI..............................8TH DEFENDANT

PATRICK MUTUGI MATI......................................9TH DEFENDANT

JOHN GITONGA MATI.........................................10TH DEFENDANT

CATHERINE KAGENDO MUTURIA..................11TH DEFENDANT

M’NANDI MAIKITHE...........................................12TH DEFENDANT

RULING

1. This application, by way of Chamber Summons, is dated 23rd September, 2019 and seeks orders:

1. That service of Notice of Motion Application under Certificate dated 29th July, 2019 upon the 1st defendant, James Muchiri Ndegwa, be effected by way of substituted service by postage to the said James Muchiri Ndegwa’s last known postal address.

2. That the costs of this application be in the cause.

2. The application is supported by the affidavit of Advocate Kaminza, the plaintiff’s advocate, sworn on 23rd September, 2019.

3. Advocate Kuria Karatu, holding brief for M/s Ambani for the plaintiff, asked the court to allow the application as it was only meant to serve the 1st defendant, without whose service, the hearing of this suit would be delayed. He also pointed out that the application was not opposed.

4. In the circumstances, I find that this application has merit. It is allowed in terms of prayer 1 and the plaintiff is directed to effect substituted service within 45 days of today.

5. Costs shall be in the cause.

6. Parties to come to court for directions on 4. 12. 2019

Delivered in open Court at Chuka this 14th day of October, 2019 in the presence of:

CA: Ndegwa

Kuria Karatu h/b M/s Ambani for the Plaintiff

P.M. NJOROGE

JUDGE