Mwangi v Ng’ang’a [2023] KEELC 18689 (KLR)

Mwangi v Ng’ang’a (Environment and Land Appeal E057 of 2022) [2023] KEELC 18689 (KLR) (10 July 2023) (Order)

Neutral citation: [2023] KEELC 18689 (KLR)

Republic of Kenya

In the Environment and Land Court at Thika

Environment and Land Appeal E057 of 2022

BM Eboso, J

July 10, 2023

Between

Regina Nyambura Mwangi

Appellant

and

Monica Ngendo Ng’ang’a

Respondent

Order

1. While perusing the original record of the trial court and the record filed in this appeal, the following have emerged:i.The two titles at the centre of the dispute in the trial court were Ruiru/Mugutha Block 1/T.3772 and Ruiru/Mugutha Block 1/3772. ii.The memorandum of appeal on which this appeal is anchored focusses on different titles, namely, Ruiru/Mugutha Block 2/3772 and Ruiru/Mugutha Block 2/T.3772.

3. There is not a single mention, in the memorandum of appeal, of the parallel titles that were the subject matters of the dispute in the trial court. For this reason, the order reserving a judgment date in this appeal is vacated and the appellant is directed to appear in court on a date to be set by the court to confirm to the court that, indeed, it is her position that this court should dispose the appeal on the basis of the memorandum of appeal dated June 27, 2022.

DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA ON THIS 10TH DAY OF JULY, 2023B M EBOSOJUDGEIn the Presence of: -Ms Njeri for the AppellantMr Nani for the 1st RespondentCourt Assistant: Hinga