Case ID:184747

Ann Nyaguthi Kamau & 2 others v Zubera Njuguna & another [2021] eKLR

Case Metadata

Case Number:

Environment and Land Case 43 of 2016

Parties:

Ann Nyaguthi Kamau, Simon Mwangi Weru, Idah Nyaguthi Muhiu v Zubera Njuguna & Shafi Grewal Kaka

Date Delivered:

04 Nov 2021

Case Class:

Civil

Court:

Environment and Land Court at Nyeri

Case Action:

Ruling

Judge(s):

James Otieno Olola

Citation:

Ann Nyaguthi Kamau & 2 others v Zubera Njuguna & another [2021] eKLR

Court Division:

Environment and Land

County:

Nyeri

Case Outcome:

Notice of motion 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 NYERI

ELC NO. 43 OF 2016

ANN NYAGUTHI KAMAU ........................................1

ST

PLAINTIFF/RESPONDENT

SIMON MWANGI WERU ........................................ 2

ND

PLAINTIFF/RESPONDENT

IDAH NYAGUTHI MUHIU......................................3

RD

PLAINTIFF/RESPONDENT

-VERSUS-

ZUBERA NJUGUNA ...................................................1

ST

DEFENDANT/APPLICANT

SHAFI GREWAL KAKA ...........................................2

ND

DEFENDANT/APPLICANT

RULING

1. This matter was slated for a Ruling on a Notice of Motion application dated 15

th

May, 2018 as filed herein on 16

th

May, 2018. From a perusal of the record however, it is apparent that when the said application came up for hearing on 26

th

October, 2018 before Honourable Lady Justice L. N. Waithaka, the same was dismissed for non-attendance.

2. By another application dated 26

th

October, 2018, the Defendants sought an order to review the dismissal of the application dated 15

th

May, 2018. While this matter is shown to have been coming up for

the hearing of the Motion dated 15

th

May, 2018, it is apparent to me that it is the motion dated 26

th

October, 2018 for review of the earlier orders dismissing the Plaintiffs application dated 18

th

May, 2018 that is due for hearing.

3. A perusal of the application dated 26

th

October, 2018 reveals that counsel for the Defendant/Applicant was unable to be in court on 26

th

October, 2018 when their application came up for hearing due to the fact that the vehicle by which counsel was travelling from Nairobi had a breakdown and hence counsel arrived late in court.

4. It is apparent from a perusal of the supporting affidavit of Churchil Odongo Ombeta Advocate sworn in support of the application that he proceeded to draft the application for reinstatement within the court premises that same morning. The application was filed under certificate of urgency that same day but was not certified urgent and has remained on the bed of the court file to-date.

5. Having considered the same in the circumstances herein and pursuant to the inherent powers of this court to ensure expeditious disposal of disputes, I hereby allow the Motion dated 26

th

October, 2018 with no order as to costs.

6. That being the case, the Defendants are hereby directed to fix the Motion dated 15

th

May, 2018 for hearing within 30 days from the date hereof failure to which the said Motion shall stand dismissed as per the earlier directions of this court issued on 26

th

October, 2021.

7. Orders accordingly.

DATED, SIGNED AND DELIVERED AT NYERI THIS 4TH DAY OF NOVEMBER, 2021.

IN THE PRESENCE OF:

…………………………………

…………………………………

………………………………....

J. O. OLOLA

JUDGE