Case ID:184525

Naomi Wangui Kuria v Harrison Karanja Njihia & 3 others [2021] eKLR

Case Metadata

Case Number:

Environment and Land Case 341 of 2013

Parties:

Naomi Wangui Kuria v Harrison Karanja Njihia, Onesmus Gachuhi Githinji, Attorney General & Githunguri Constituency Ranching Company Limited

Date Delivered:

21 Oct 2021

Case Class:

Civil

Court:

Environment and Land Court at Nairobi

Case Action:

Ruling

Judge(s):

Loice Chepkemoi Komingoi

Citation:

Naomi Wangui Kuria v Harrison Karanja Njihia & 3 others [2021] eKLR

Advocates:

Ms Kalaine for the 2nd Defendant

Court Division:

Environment and Land

County:

Nairobi

Advocates:

Ms Kalaine for the 2nd Defendant

History Advocates:

One party or some parties represented

Case Outcome:

Application dismissed with costs to the 2nd defendant

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 NAIROBI

ELC CASE NO. 341 OF 2013

NAOMI WANGUI KURIA....................................................PLAINTIFF/APPLICANT

=VERSUS=

HARRISON KARANJA NJIHIA.............................1

ST

DEFENDANT/RESPONDENT

ONESMUS GACHUHI GITHINJI.........................2

ND

DEFENDANT/RESPONDENT

ATTORNEY GENERAL............................................3

RD

DEFNDANT/RESPONDENT

GITHUNGURI CONSTITUENCY RANCHING

COMPANY LIMITED............................................4

TH

DEFENDANT/RESPONDENT

RULING

1.

This is the Notice of Motion dated 13

th

April 2021 brought under Section 1A, 1B and 3A of the Civil Procedure Act, Order 12 Rule 7 of the Civil Procedure Rules 2010 and all enabling provisions of the law.

2.

It seeks orders:-

1. That this honourable court be pleased and do reinstate the suit herein being ELC Case Number 341 of 2013 for hearing which was dismissed for non-prosecution on 10

th

March 2021.

2. That this honourable court be pleased to transfer this suit to the Thika High Court, Environment and Land Court (ELC) Division being the proper, and appropriate court with jurisdiction for fair, expeditious and timous final hearing and determination and disposal.

3.

The Application is supported by the affidavit of Naomi Wambui Kuria, sworn on the 13

th

April 2021.

4.

The application is opposed. There is a Replying Affidavit sworn by Onesmus Gachuhi Githinji the 2

nd

Defendant/Respondent sworn on the 9

th

June 2021.

5.

I have considered the Notice of Motion and the affidavit in support. I have also considered the Replying Affidavit and the annexures, the oral submissions of counsel. The issue for determination is whether this application is merited.

6.

I have gone through the court record. It appears the plaintiff was last represented in court on 11

th

December 2019. Mrs. Njiru then informed the court that she had since ceased acting for the plaintiff.

7.

Owing to the plaintiff’s lack of interest in prosecuting this case, the 2

nd

defendant filed an application to dismiss the suit for want of prosecution dated 7

th

November 2019. The plaintiff was served with the said application by way of advertisement through The Standard Newspapers.

8.

On the 10

th

March 2021 the plaintiff neglected to attend court to defend the said application. The same was allowed.

9.

I have gone through the supporting affidavit of the plaintiff. I find no plausible explanation to explain the delay in prosecuting this suit.

10.

The plaintiff has failed to persuade this court that it should exercise discretion in her favour.

11.

I find no merit in this application and the same is dismissed with costs to the 2

nd

Defendant.

It is so ordered.

DATED, SIGNED AND DELIVERED IN NAIROBI ON THIS 21ST DAY OF OCTOBER 2021.

…………………

L. KOMINGOI

JUDGE

In the presence of:-

No appearance for the Plaintiff

No appearance for the 1

st

Defendant

Ms Kalaine for the 2

nd

Defendant

No appearance for the 3

rd

and 4

th

Defendants

Steve - Court Assistant