Case ID:180672

James Muigai Thungu v County Government of Trans-Nzoia & 2 others [2021] eKLR

Case Metadata

Case Number:

Environment and Land Case 31 of 2015

Parties:

James Muigai Thungu v County Government of Trans-Nzoia, County Executive Officer, Land, Housing & Urban Development & Physical Planner,Trans-Nzoia County

Date Delivered:

09 Aug 2021

Case Class:

Civil

Court:

Environment and Land Court at Kitale

Case Action:

Ruling

Judge(s):

Francis Mwangi Njoroge

Citation:

James Muigai Thungu v County Government of Trans-Nzoia & 2 others [2021] eKLR

Court Division:

Environment and Land

County:

Trans Nzoia

Case Outcome:

Application dismissed

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 KITALE

ELC NO. 31 OF 2015

JAMES MUIGAI THUNGU.......................................................................PLAINTIFF

VERSUS

COUNTY GOVERNMENT OF

TRANS-NZOIA..........................1

ST

DEFENDANT

COUNTY EXECUTIVE OFFICER, LAND,

HOUSING & URBAN DEVELOPMENT.......................................2

ND

DEFENDANT

PHYSICAL PLANNER, TRANS-NZOIA COUNTY ..................3

RD

DEFENDANT

RULING

The Application

1. The application dated

16/2/2021

and filed in court on

18/2/2021

has been brought under

Sections 3A

of the

Civil Procedure Act, Order 1 Rule 3, 10(2)

and

(14)

of the

Civil Procedure Rules

. The 1

st

defendant seeks the following orders:-

(a) That this application be certified as urgent and heard on a priority basis.

(b) That this honourable court be pleased to join the honourable Attorney General of the Republic of Kenya and the National Land Commission as interested partes to this suit.

(c) Upon the two being joined they be served with all the pleadings herein and be at liberty to file responses to the plaintiff’s suit as they may deem fit.

(d) That this honourable court be pleased to make any other or further directions as they may deem fit.

(e) That costs of this application be provided for.

2. The application is supported by an affidavit sworn on

16/2/2021

by the 1

st

defendant’s counsel.

The Response

3. The plaintiff filed a replying affidavit sworn on

12/4/2021

.

Submissions

1. The 1

st

defendant filed its written submissions on

15/6/2021

. The plaintiff filed his written submissions on

16/6/2021

.

Determination

2. I have considered the application, the response and the submissions filed the parties. I have already dismissed a similar application dated

16/2/2021

in

Kitale ELC No 30 of 2015

. The grounds raised in that application are similar to the grounds raised herein. The parties in both suits are the same.

3. I find that the instant application must fail on account of the same reasons this court gave for the application dated

16/2/2021

in

Kitale ELC No 30 of 2015.

4. Consequently, the application dated

16/2/2021

in the instant suit is hereby dismissed with costs to the respondent.

Dated, signed

and

delivered

at

Kitale via electronic mail

on this

9

th

day of

August, 2021.

MWANGI NJOROGE

JUDGE, ELC, KITALE.