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ELCAllowedNot stated in judgment (Originating Summons)· [2025] KEELC 7833 (KLR)
M’Mbogori v Njeru (Land Case (Originating Summons) E004 of 2023) [2025] KEELC 7833 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#The Environment and Land Court in Meru added Absa Bank Kenya as a defendant to a land case and let the plaintiff update his court documents.
What this practically means
#Executive summary
#By a notice of motion dated 23/10/2025, Titus Muchai Kimathi, the plaintiff/applicant in an originating summons before the Environment and Land Court at Meru, sought the joinder of Absa Bank Kenya PLC as a 2nd defendant/2nd respondent and leave to amend the originating summons to reflect the new party. An affidavit of service was filed showing the application was served on 3/11/2025, but no party filed a response and the application was therefore unopposed. The court, per B M Eboso (ELC Judge), held that in the absence of any opposition the motion should be allowed. The court allowed the notice of motion in terms of prayers 2 and 3, thereby joining Absa Bank Kenya PLC as 2nd defendant/2nd respondent and granting leave to amend the originating summons. The plaintiff was directed to file and serve the amended originating summons within 10 days. The judgment was dated, signed and delivered at Meru on 12th November 2025, with Ms Nyamu appearing for the applicant/plaintiff; the defendant, the intended 2nd defendant and court assistant Mr E Tupet were noted in the coram. No costs order was made, no authorities were cited, and no substantive points of law beyond the discretionary grant of joinder and amendment on an unopposed application were determined.
Key legal issues
#01
Whether joinder of a proposed defendant and amendment of the originating summons should be permitted on an unopposed application
Holding
The application was allowed as prayed since it was unopposed and service was evidenced by affidavit of service
Reasoning
The court noted that an affidavit of service showed the application was served on 3/11/2025 and that no party opposed it. In the absence of opposition, the court exercised its discretion to allow the motion in terms of prayers 2 and 3, permitting joinder of Absa Bank Kenya PLC and amendment of the originating summons, with 10 days to file and serve the amended summons.
p. 1
Legal principles established
#- An unopposed application may be allowed in the absence of any opposition
Court orders
#- 1.The notice of motion dated 23/10/2025 is allowed in terms of prayers 2 and 3
- 2.Absa Bank Kenya PLC joined as 2nd defendant/2nd respondent
- 3.Leave granted to amend the originating summons to reflect the new party
- 4.The amended originating summons shall be filed and served within 10 days
- Jurisdiction invoked
- Not expressly stated; Environment and Land Court jurisdiction over the originating summons
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "M’Mbogori v Njeru (Land Case (Originating Summons) E004 of 2023) [2025] KEELC 7833 (KLR)", Case Analysis (2025). Not stated in judgment (Originating Summons). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7833/eng@2025-11-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.