M’Mbogori v Njeru (Enviromental and Land Originating Summons E004 of 2023) [2025] KEELC 8458 (KLR)

M’Mbogori v Njeru (Enviromental and Land Originating Summons E004 of 2023) [2025] KEELC 8458 (KLR) (2 December 2025) (Ruling) Neutral citation: [2025] KEELC 8458 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ENVIROMENTAL AND LAND ORIGINATING SUMMONS E004 OF 2023 BM EBOSO, J DECEMBER 2, 2025 BETWEEN ANGELO KIMATHI M’MBOGORI ....................................................... APPLICANT AND ESTHER WANGUI NJERU ................................................................ RESPONDENT RULING 1. The plaintifi/applicant has caused confusion by: (i) filing a superfiuous application dated 23/10/2025 seeking orders that had already been granted; and (ii) misleading the court that the said application was coming up for hearing on 12/11/2025. The factual position is that, when this suit came up for substantive hearing on 7/7/2025, the court noted that Barclays Bank of Kenya Ltd were appearing in the land register as holders of a charge relating to the suit land. 2. Consequently, the court invoked its powers under Order 1 rule 10(2) of the Civil Procedure Rules and ordered joinder of the Bank as a party to the case. The application dated 23/10/2025 was therefore unnecessary. 3. The Bank, now known as Absa Bank Kenya PLC, has attended court today through Mr. Cornelius Sikuku of J K Kibicho & Company Advocates and have indicated that the loan has been fully repaid and that they do not have any interest in the suit land. They have asked to be removed from the suit. 4. In the circumstances, the Bank is hereby removed from this suit. It is so ordered. DATED, SIGNED AND DELIVERED AT MERU THIS 2ND DAY OF DECEMBER, 2025 B M EBOSO [MR] ELC JUDGE In the presence of: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8458/eng@2025-12-02 1

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