Ngaine (Suing as Legal Representative of the Estate of John Mbeti Muriithi - Deceased) v Kamau & 5 others (Environment & Land Case E339 of 2022) [2023] KEELC 20691 (KLR) (11 October 2023) (Ruling) Neutral citation: [2023] KEELC 20691 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT & LAND CASE E339 OF 2022 LN MBUGUA, J OCTOBER 11, 2023 BETWEEN STELLA MARIS KAREGI NGAINE (SUING AS LEGAL REPRESENTATIVE OF THE ESTATE OF JOHN MBETI MURIITHI - DECEASED) ................ PLAINTIFF AND JENIFER WANGARI KAMAU ....................................................... 1ST DEFENDANT LUKE KIPCHUMBA METTO ....................................................... 2ND DEFENDANT ERIC AGBEKO ................................................................................. 3RD DEFENDANT LAND REGISTRAR, NAIROBI .................................................... 4TH DEFENDANT CHIEF LAND REGISTRAR NAIROBI ........................................ 5TH DEFENDANT ATTORNEY GENERAL .................................................................. 6TH DEFENDANT RULING 1. I nd that the orders given an 3.7.2023 were self executing in so far as the ling of pleadings were concerned. All defences were to be led and served by 17.7.2023. The consequences of none compliance with that order were clearly spelt out to the parties. See Virginia Kathambi Maingi vs. Nicholas Mwatika & 2 Others [2021] eKLR, and the Practice Directions of 25.7.2014 (Gazette notice No. 5178) as well as those of 11.1.2022 (gazette notice No. 189). 2. In that regard, the matter shall proceed as an undefended claim against the 2nd & 3rd defendants. 3. The other defendants are given 30 days, (by 11.11.2023) to le and serve their Trial Bundle containing their witness statement and documentary evidence of which none compliance will mean that their documents shall be disregarded. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20691/eng@2023-10-11 1
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4. The court will proceed to give a date for hearing. 5. Plainti to serve these directions upon the Attorney General within 7 days. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 11TH DAY OF OCTOBER, 2023 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of:Musesya for Plainti Mugo for Defendant in 339 and for Plainti in 284/2022 Wachira for 2nd and 3rd Defendants Court Assistant: Eddel https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20691/eng@2023-10-11 2
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