Case ID:168853

James Gachiri Mwangi v John Waweru Muriuki & 3 others [2020] eKLR

Case Metadata

Case Number:

Environment and Land Case 6 of 2020 (OS)

Parties:

James Gachiri Mwangi v John Waweru Muriuki, Sarah Waithera Waweru, Samwel Waweru Ndungu & Martin Macharia Wambui

Date Delivered:

13 Jan 2021

Case Class:

Civil

Court:

Environment and Land Court at Nyahururu

Case Action:

Ruling

Judge(s):

Mary Clausina Oundo

Citation:

James Gachiri Mwangi v John Waweru Muriuki & 3 others [2020] eKLR

Court Division:

Environment and Land

County:

Laikipia

Case Outcome:

Court directs that matter be placed before the Judge for further directions on its expeditious disposal.

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NYAHURURU

ELC NO. 6 OF 2020 (OS)

JAMES GACHIRI MWANGI

.....................................................PLAINTIFF/ APPLICANT

-VERSUS-

JOHN WAWERU MURIUKI...........................................1

st

DEFENDANT/RESPONDENT

SARAH WAITHERA WAWERU...................................2

nd

DEFENDANT/RESPONDENT

SAMWEL WAWERU NDUNGU....................................3

rd

DEFENDANT/RESPONDENT

MARTIN MACHARIA WAMBUI.................................4

th

.DEFENDANT/RESPONDENT

RULING

1. What is before the court for determination is therefore the original application dated the 25

th

February 2020 by way of Notice of Motion made under Order 50 Rule 1, Order 40 Rule 1 and 3 of the Civil Procedure Rules and Section 1A, 1B and 3A of the Civil Procedure Act where the Plaintiff/Applicant seeks injunctive orders against the Respondents.

2. On the 25

th

February 2020, there were ex-parte interim orders of status quo issued and the Applicant directed to serve their application upon the Respondent so that the matter could proceed for inter-parties hearing on the 28

th

April 2020.

3. While the matter was pending hearing, Counsel for the Plaintiff filed another application under certificate of urgency dated the 7

th

April 2020, wherein he sought for orders that the 3

rd

and 4

th

Defendants/Respondents be summoned to Court to show cause why they should not be committed to civil jail for blatantly failing to comply with the orders of status quo issued by the Court and in default they be committed to jail for a maximum of 6 months for contempt of the said Court order. The said application was heard and dismissed via the court’s ruling of the 25

th

June 2020.

4. On the 5

th

October 2020 the matter came up for mention to confirm compliance of the orders issued on the 25

th

February 2020 regarding the Application dated the 25

th

February 2020 wherein only the Plaintiff/Applicant’s Counsel was present. I note that although there had been Replying Affidavits filed by both the 3

rd

and 4

th

Respondents on the 17

th

April 2020 and 23

rd

April 2020 respectively, there had neither been a notice served upon the Respondents of the Mention date for the 5

th

October 2020 nor directions taken as to how the said Application dated the 25

th

February 2020 would be dispensed with.

5. In line with the provisions of Article 50 of the Constitution and Section 1A, 1B and 3A of the Civil Procedure Act, I do direct that this matter be placed before the Judge for further directions on its expeditious disposal.

Dated and delivered at Nakuru this 13

th

day of January 2021

M.C. OUNDO

ENVIRONMENT & LAND – JUDGE