Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealOtherCivil Application E135 of 2023

Muriuki v Muriuki & another (Civil Application E135 of 2023) [2025] KECA 1729 (KLR)

Court of Appeal
24 October 2025
224 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

The Court of Appeal refused to decide a self-represented appellant's application because he couldn't prove he served it on the other side, and ordered it relisted for a fresh hearing.

What this practically means

#

Executive summary

#
This is a brief procedural order of the Court of Appeal at Nairobi, delivered by F. SichaLE, JA, on 24th October 2025, in Civil Application E135 of 2023. The application, brought by the appellant Wilson Ndirangu Muriuki, who appeared in person, sought leave to amend the Memorandum of Appeal dated 8th March 2023, filed against the judgment of the Environment and Land Court (Wambwoto J) dated 21st November 2022 in Nairobi ELC Suit No. 35 of 2018 (OS). The motion dated 4th October 2024 came before the single judge on the papers. The judge noted that the applicant was in person and that, although the hearing notice had been served on the parties by email on 26th September 2025 at 1:45 PM, no responses had been filed by the respondents. Further, there was no proof of service of the motion itself upon the respondents. In those circumstances, the judge held that there was no option but to take the motion out, and directed that it be relisted afresh by the registry. No substantive issue was determined, no decision below was disturbed, and no costs order was made. The order has no bearing on the merits of the underlying land dispute.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether the motion dated 4th October 2024 seeking leave to amend the Memorandum of Appeal could proceed in the absence of responses from the respondents and proof of service upon them

Key legal issues

#
01

Whether the ex parte application for leave to amend the Memorandum of Appeal should be determined despite the absence of responses and proof of service

Holding

The single judge declined to determine the motion and directed that it be relisted afresh by the registry, since there were no responses from the respondents and no proof of service of the motion upon them.

Reasoning

The judge noted that the applicant was in person and that, although the hearing notice had been served on the parties by email on 26th September 2025, the respondents filed no responses. More significantly, there was no proof of service of the motion itself dated 4th October 2024. In those circumstances the judge considered that the motion could not properly be taken out and determined, and the appropriate course was to have the motion relisted afresh by the registry for inter partes hearing.

p. 1

Legal principles established

#
  • Where an application is unprosecuted for want of responses and want of proof of service, the court may direct that it be relisted afresh rather than determine or dismiss it on the papers

Court orders

#
  1. 1.The motion to be relisted afresh by the registry

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
Environment and Land Court
Nairobi ELC Suit No. 35 of 2018 (OS)
Jurisdiction invoked
Inherent jurisdiction of the Court of Appeal over applications for leave to amend a Memorandum of Appeal (no specific provision stated in the order)

Relief refused

#

Hearing and determination of the application for leave to amend the Memorandum of Appeal

No responses were filed by the respondents and there was no proof of service of the motion dated 4th October 2024 upon them

p. 1

Costs

No costs order was made in the order.

Quotable passages

#

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In absence of responses from the respondents and in absence of proof of service of the motion dated 4th October 2024, upon the respondents, I have no option but to take it out.
p. 1course where motion unserved and unanswered
The motion to be relisted afresh by the registry.
p. 1final order - relisting

Issues in the judgment

#
material

The judgment is a single-paragraph procedural order made upon perusal of the record, not a reasoned appellate judgment; it decides nothing on the merits of the underlying land dispute or the proposed amendment

minor

The coram name is printed inconsistently in the judgment: the cause list reads 'F SICHALE' while the signature block reads 'F. SICHALE'

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Muriuki v Muriuki & another (Civil Application E135 of 2023) [2025] KECA 1729 (KLR)", Case Analysis (2025). Civil Application E135 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1729/eng@2025-10-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.