Kimari & another v Land Registrar Nakuru Land Registry

Kimari & another v Land Registrar Nakuru Land Registry (Environment and Land Judicial Review Case E3 of 2021) [2022] KEELC 13745 (KLR) (25 October 2022) (Ruling) Neutral citation: [2022] KEELC 13745 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAKURU ENVIRONMENT AND LAND JUDICIAL REVIEW CASE E3 OF 2021 FM NJOROGE, J OCTOBER 25, 2022 BETWEEN BENJAMIN GITERE KIMARI ......................................................... 1ST APPLICANT HANNAH NGINA KENNETH KIMARI (ADMINISTRATORS OF THE ESTATE OF THE LATE KENNETH KIMANI KAHURA) .......................... 2ND APPLICANT AND LAND REGISTRAR NAKURU LAND REGISTRY ....................... RESPONDENT RULING 1. The applicants moved the court through Chamber Summons dated 18/03/2021 where they sought leave to apply for an order of Mandamus “to remove and/or lift the restriction pursuant to provision of section 78 (1) & (2) of the Land Registration Act, 20212 to L.R Nakuru/Municipality Block 5/294.” 2. The court granted the applicants leave on 22/03/2021 and ordered that the substantive motion be led within 21 days. It is also on record that the applicants had not led the Notice of Motion at the time the court was preparing for judgment and D. O. Ohungo J upon realizing that he could not do a judgment without the substantive application on record, opted to give directions on 27/04/2022. The said directions were sent via email to the Ex parte Applicant on 13/10/2022 but this elicited no response. 3. It is not in dispute that the court called for the Notice of Motion from the ex parte applicants several times to no avail. It is also a fact that there is currently no substantive application on record to make a determination on and it therefore leaves this court with no other option but to vacate the leave granted on 22/03/2021 and order that the le be marked as closed. 4. Consequently, I hereby issue the following orders: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/13745/eng@2022-10-25 1

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