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Original judgment

Ngala & 2 others v Randu & 2 others

Ngala & 2 others v Randu & 2 others (Environment & Land Case 56 of 2020) [2024] KEELC 14169 (KLR) (10 December 2024) (Ruling) Neutral citation: [2024] KEELC 14169 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MALINDI ENVIRONMENT & LAND CASE 56 OF 2020 FM NJOROGE, J DECEMBER 10, 2024 BETWEEN VINCENT KAZUNGU NGALA ......................................................... 1ST PLAINTIFF RODGERS KARISA NGALA ............................................................. 2ND PLAINTIFF ROBERT KADSITU NGALA ............................................................. 3RD PLAINTIFF AND EMMANUEL KAZUNGU RANDU ............................................... 1ST DEFENDANT ZAWADI KAZUNGU RANDU ...................................................... 2ND DEFENDANT KILIFI COUNTY LAND SURVEYOR .......................................... 3RD DEFENDANT RULING 1. The application dated 12/6/2024 has been led by the plaintis. They seek that their suit, which was dismissed on 31/1/2024 for non-attendance be reinstated for hearing. They also seek orders that the respondents be restrained from interfering with the plaintis’ ownership of the suit property pending the hearing and determination of the suit. The application is premised on the grounds set out at its foot and in the supporting adavit of the 1st plainti attached thereto. The grounds are that the applicant’s advocate was logged into 5 dierent courts at the same time and as he was addressing another court this court dismissed the suit. It is stated that on that day the plaintis had travelled all the way to Malindi to attend the hearing and they were ready to be heard, and the mistakes of their advocate should not be visited upon them. 2. The application was served. However, it is unopposed. The applicant led undated submissions which I have perused. I am persuaded that the applicants should not be made to pay for the mistakes of their counsel and that the application ought to be granted so that their case can be reinstated and determined on its merits. https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/14169/eng@2024-12-10 1

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3. Consequently, I hereby allow the motion dated 12/6/2024 in terms of prayers no. 2 and 3 thereof. The costs of the said application shall be in the cause. This matter shall be listed for hearing of the substantive suit on 8/4/2025. RULING DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 10TH DAY OF DECEMBER, 2024. MWANGI NJOROGE JUDGE, ELC, MALINDI https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/14169/eng@2024-12-10 2

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