Gethi & another (Administrators of the Estate of the Late George Wanjuki Gethi) v Chief Land Registrar Nairobi Land Registry & 2 others (Environment and Land Case E040 of 2025) [2026] KEELC 2816 (KLR)

3. The applicants moved to this court vide a plaint dated 5/8/2025, seeking removal of a caution against the title registered on 29/8/2007, by the interested party, after numerous attempts to have it lifted, requested the issuance of a provisional title as well as for reconstruction of the register or deed file after the original title got lost and were unsuccessful to transfer the suit property to the personal representatives in line with the confirmation of grant as per annexures marked MWA-(1), (2), (3), (4), (5), 6(a), and (b), 7(a) and (b), and (8). 4. The applicants deposes that despite service of summons as per annexure marked MWA (9), the respondents have failed, neglected, and or refused contrary to Order 6 Rule 1 of the Civil Procedure Rules to enter an appearance or to file a defence. 5. The applicants state that it is in the interest of justice, fairness, and equity to grant leave to seek the entry of summary judgment against the defendants in the light of the plaint dated 5/8/2025. 6. After the application was served, the defendants and the interested party entered an appearance on 3/2/2026. 7. Order 10 Rule (8) of the Civil Procedure Rules provides that no default judgment can be entered against the government without the leave of the court. 8. Order 10 Rule (9) of the Civil Procedure Rules provides that in all suits not otherwise specifically provided for by this order, and upon service, a party does not appear, the plaintifi may set the suit down for hearing. 9. Other than seeking an order to lift the caution registered in the lands register, there is a prayer for a permanent injunction against the defendants to vacate and cease obstruction, occupation, or interference with the plaintifi’s use, possession, and enjoyment of the suit property. 10. It appears from the court record that the service of his application has prompted the defendants and the interested party to enter an appearance. 11. Given these developments, I find that the application has been overtaken by events. It is marked as spent. The defendants and the interested party are hereby directed to file and serve their statements of defence within 30 days from the date hereof, together with supporting witness statements and lists of documents; in default, the plaintifi is to list the matter for hearing to proceed as if undefended. 12. Costs to the applicants. 13. Orders accordingly. RULING DATED, SIGNED, AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURT AT KITALE ON THIS 13TH DAY OF MAY 2026. In the presence of: Court Assistant - Dennis Yunis for the plaintifi/applicant present No appearance of the Attorney General. HON. C.K. NZILI JUDGE, ELC KITALE. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2816/eng@2026-05-13 2

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