Ngaine (Suing as Legal Representative of the Estate of John Mbeti Muriithi - Deceased) v Kamau & 5 others [2023] KEELC 20691 (KLR) | Pre Trial Directions | Esheria

Ngaine (Suing as Legal Representative of the Estate of John Mbeti Muriithi - Deceased) v Kamau & 5 others [2023] KEELC 20691 (KLR)

Full Case Text

Ngaine (Suing as Legal Representative of the Estate of John Mbeti Muriithi - Deceased) v Kamau & 5 others (Environment & Land Case E339 of 2022) [2023] KEELC 20691 (KLR) (11 October 2023) (Ruling)

Neutral citation: [2023] KEELC 20691 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case E339 of 2022

LN Mbugua, J

October 11, 2023

Between

Stella Maris Karegi Ngaine (Suing as Legal Representative of the Estate of John Mbeti Muriithi - Deceased)

Plaintiff

and

Jenifer Wangari Kamau

1st Defendant

Luke Kipchumba Metto

2nd Defendant

Eric Agbeko

3rd Defendant

Land Registrar, Nairobi

4th Defendant

Chief Land Registrar Nairobi

5th Defendant

Attorney General

6th Defendant

Ruling

1. I find that the orders given an 3. 7.2023 were self executing in so far as the filing of pleadings were concerned. All defences were to be filed and served by 17. 7.2023. The consequences of none compliance with that order were clearly spelt out to the parties. See Virginia Kathambi Maingi vs. Nicholas Mwatika & 2 Others [2021] eKLR, and the Practice Directions of 25. 7.2014 (Gazette notice No. 5178) as well as those of 11. 1.2022 (gazette notice No. 189).

2. In that regard, the matter shall proceed as an undefended claim against the 2nd & 3rd defendants.

3. The other defendants are given 30 days, (by 11. 11. 2023) to file and serve their Trial Bundle containing their witness statement and documentary evidence of which none compliance will mean that their documents shall be disregarded.

4. The court will proceed to give a date for hearing.

5. Plaintiff to serve these directions upon the Attorney General within 7 days.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 11TH DAY OF OCTOBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Musesya for PlaintiffMugo for Defendant in 339 and for Plaintiff in 284/2022Wachira for 2nd and 3rd DefendantsCourt Assistant: Eddel