Njoroge v Njoroge [2024] KEHC 14681 (KLR)

Njoroge v Njoroge (Civil Case 3530 of 1992) [2024] KEHC 14681 (KLR) (Civ) (25 November 2024) (Ruling)

Neutral citation: [2024] KEHC 14681 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil

Civil Case 3530 of 1992

TW Ouya, J

November 25, 2024

Between

Fredrick Mulinge Njoroge

Appellant

and

Joseph Waweru Njoroge

Respondent

Ruling

Background 1. This is an application brought under certificate of urgency vide chamber summons dated 29th August 2024 for reinstatement of suit Civil Case No. 3530 of 1992 which was dismissed for want of prosecution vide order on 26th June 2001. 1. The nature of orders sought by the applicant touch on the subject of land and environment which is currently under the jurisdiction of a specialized court of concurrent jurisdiction, the Environment and Land Court.

2. The matter was filed in 1992 when ELC did not exist. Whereas this court issued interim orders in this matter, it would be dangerous to continue to hear the same when there’s already a specialized court for this reason.

3. Reasons wherefore the Court hereby directs that these proceedings be transferred forthwith to the ELC for hearing and determination.

4. Matter to be mentioned before the Presiding Judge ELC for further directions on 20th January 2024.

DATED, SIGNED AND DELIVERED VIRTUALLY THIS 25TH DAY OF NOVEMBER, 2024ROA 14 days.HON. T. W. OUYAJUDGEFor Plaintiff: N/aFor Respondent: N/aCourt Assistant: Martin