Ngugi & 2 others v Kipipiri Land Dispute Tribunal & 8 others [2025] KEELC 3307 (KLR)

Ngugi & 2 others v Kipipiri Land Dispute Tribunal & 8 others (Environment and Land Judicial Review Case E004 of 2024) [2025] KEELC 3307 (KLR) (1 April 2025) (Ruling)

Neutral citation: [2025] KEELC 3307 (KLR)

Republic of Kenya

In the Environment and Land Court at Nyandarua

Environment and Land Judicial Review Case E004 of 2024

JM Kamau, J

April 1, 2025

Between

Geoffrey Githiri Ngugi

1st Applicant

Samuel Kiarie Ngugi

2nd Applicant

James Mungai Ngugi

3rd Applicant

and

Kipipiri Land Dispute Tribunal & others

1st Respondent

John K Ngugi

2nd Respondent

Attorney General & 6 others & 6 others & 6 others

3rd Respondent

Ruling

1. In the Application dated 22/7/2024 the Applicant seeks for leave to the firm of M/s Mburu Maina & Company Advocates to came on record for the 2nd Applicant in place of the Firm of M/s Karanja Mbugua & Company Advocates upon which the said Firm be heard on an Application for the removal of the prohibition and/or restriction entered in register of all that parcel of land known as Nyandarua/Mawingo/2145. The grounds of the Application are that a restriction was issued and registered against the parcel of land title No. Nyandarua/Mawingo /2145 belonging to the 2nd applicant together with parcels Nos 2037,2038 and 2147 repetitively.

2. There was a dispute in Kipiriri Land Dispute Tribunal No. 12 of 2010 challenging the issuance of Title Deeds in the names of that Applicants which was later quashed.

3. The parties herein reached a settlement out of court, it is important that the restriction be lifted for the 2nd Applicant to fully utilize his parcel of land unhindered .

4. On 27/1/2025 I directed that parties put in their written submission and appear in court on 12/3/2025 to argue the same. By then Mr. Ojou was present for the ex parte applicant. Respondents were also in court. On 12/3/2025 consent for the Ex parte Applicants did not only fail to turn up in court but also, they did not file the direction written submissions. the respondents did file their submissions on 7/3/2025 and on kind the court to dismiss the ex-parte applicants application dated 22/7/2024 and so it is ordered.

RULING DATED AND DELIVERED IN NYANDARUA THIS 1ST DAY OF APRIL 2025. ............................MUGO KAMAUJUDGE