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Original judgment

Njoroge v Kamau & another

Njoroge v Kamau & another (Environment & Land Case 468 of 2011) [2022] KEELC 15646 (KLR) (20 December 2022) (Ruling) Neutral citation: [2022] KEELC 15646 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT & LAND CASE 468 OF 2011 LN MBUGUA, J DECEMBER 20, 2022 BETWEEN DAVID GATHUKA NJOROGE ................................................................ PLAINTIFF AND JOSEPH NJOROGE KAMAU .......................................................... 1ST DEFENDANT ANN MBAIREE NJOROGE ........................................................... 2ND DEFENDANT RULING 1. 2. Before me is an application dated July 29, 2022 where the plainti seeks the following orders: i. Spent. ii. That the rm of Mutundu Wallace Advocates be granted leave to come on record for the plainti/applicant. iii. That the honourable court be pleased review/vary, rescind and /or set aside its own orders made on September 24, 2018 dismissing the plainti’s suit in the event of noncompliance with court orders within 30 days which were not complied with and substitute the same with an order reinstating the suit. iv. That the honorable court may be pleased to order that the case do proceed to hearing and determination on merit. v. That this honourable court do issue any other order that would deem t to grant “suo motto” as to expeditious disposal of the application to meet the interest of justice. vi. That the cost of this application be in the cause. I nd that the issues raised in the aforementioned application were litigated in an earlier application dated September 21, 2021, leading to a pronouncement of this court in a ruling delivered on February https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/15646/eng@2022-12-20 1

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23, 2022. In view of that ruling, this court cannot embark on determining the same issues all once again. The application dated July 29, 2022 is hereby dismissed with no orders as to costs, save that the new advocate is allowed to come on record. This le is marked as closed and shall be taken to the archives. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 20TH DAY OF DECEMBER, 2022 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of:Njigina holding brief for Chege for Plainti Applicant Court assistant: Eddel https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/15646/eng@2022-12-20 2

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