Chege & another v Kanyoro & 3 others (Suing as the representatives of Hallelluya Gospel Church Karuri) (Civil Appeal (Application) 743 of 2025) [2026] KECA 1112 (KLR) (12 June 2026) (Ruling) Neutral citation: [2026] KECA 1112 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPEAL (APPLICATION) 743 OF 2025 S OLE KANTAI, JA JUNE 12, 2026 BETWEEN GEORGE WAINAINA CHEGE ......................................................... 1ST APPLICANT ELIZABETH WANJUHI NGIGI (SUING AS THE PERSONAL REPRESENTATIVE OF PAUL NGIGI MUNGAI) ......................... 2ND APPLICANT AND JOHN KANYORO ......................................................................... 1ST RESPONDENT KIMANI SERAH ........................................................................... 2ND RESPONDENT WAMBUI KAMAU ........................................................................ 3RD RESPONDENT FRANCIS MWANGI ..................................................................... 4TH RESPONDENT SUING AS THE REPRESENTATIVES OF HALLELLUYA GOSPEL CHURCH KARURI (Being an application for rectification against the Judgment and Decree of the Environment and Land Court at Thika (Grace Kemei, J.) delivered on 13th June, 2024 in E.L.C. Case No. 798 of 2019 (O.S.).) RULING 1. The applicants George Wainaina Chege and Elizabeth Wanjuhi Ngigi (suing as personal representative of Paul Ngigi Mungai) have moved the Court by Motion brought under rules 44 and 46 of our rules praying that they be allowed to amend Memorandum of Appeal and Record of Appeal dated 5th September, 2025; that the same be deemed as duly filed and served. In grounds in support of the Motion and the affidavit of Elizabeth Wanjuhi Ngigi it is said that the applicants in their pleadings https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1112/eng@2026-06-12 1
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wrongly captured the name of the 2nd applicant as Elizabeth Wanjuhi Ngigi and indicated Elizabeth Wanjuhi Chege; that the name should be rectified. 2. I have seen written submissions in support of the application. 3. The application seeks an amendment to reflect the correct name of the 2nd applicant. There can be no prejudice that can be sufiered by any party if I grant the application. 4. The application is merited and I grant it. I allow the amendment as prayed. Let amended record of appeal be served within seven (7) days of today if not already served. Costs of the Motion will be in the appeal. DATED AND DELIVERED AT NAIROBI THIS 12TH DAY OF JUNE, 2026 S. ole KANTAI ............................... JUDGE OF APPEAL I certify that this is a true copy of the original Signed Deputy Registrar https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1112/eng@2026-06-12 2
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