Murichu v Muniu & 2 others [2023] KEELC 16963 (KLR)

Murichu v Muniu & 2 others (Environment & Land Case 3253 of 1995) [2023] KEELC 16963 (KLR) (18 April 2023) (Ruling)

Neutral citation: [2023] KEELC 16963 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 3253 of 1995

LN Mbugua, J

April 18, 2023

Between

Kareri Murichu

Plaintiff

and

Wilson Muniu

1st Defendant

Wamande Kimeria

2nd Defendant

Hannah Wanjiru Muniu

3rd Defendant

Ruling

1. I have now perused the record. I find that indeed plaintiff testified way back on December 11, 2017 and was cross examined. His case was closed.

2. Thereafter, the defence case was marked as closed on March 4, 2021. It has never been re-opened.

3. It appears that thereafter, the matter stalled because of an application filed by the plaintiff dated November 25, 2021 which was eventually dismissed.

4. In light of the foregoing analysis, I find that the proceedings of February 22, 2023 have been rendered atiose; no longer applicable as the case is at the stage of filing submissions. In that regard, the issue of adjourning the case to allow the defence to call witnesses doesn’t rise.

5. It is noted that the defendants are not in court today.

6. In the circumstances, the court will give directions on the filing of submissions.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 18THDAY OF APRIL, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Kareri Murichu the PlaintiffMary Muigai for Plaintiff.H. Kinyanji for 1st & 2nd defendantCourt assistant: JoanELC SUIT NO. 3253 OF 1995 (Ruling) Page 2 of 2