Aziz (Suing in her capacity as the legal administrator of the Estate of the Mohamed Bashir) v Miki Shelter Ltd & 8 others (Land Case E191 of 2024) [2026] KEELC 5378 (KLR) (3 September 2026) (Directions) Neutral citation: [2026] KEELC 5378 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI LAND CASE E191 OF 2024 CG MBOGO, J SEPTEMBER 3, 2026 BETWEEN SAMERA AZIZ (SUING IN HER CAPACITY AS THE LEGAL ADMINISTRATOR OF THE ESTATE OF THE MOHAMED BASHIR) ....................................................................................................... PLAINTIFF AND MIKI SHELTER LIMITED .............................................................. 1ST DEFENDANT ESTHER KINUTHIA ...................................................................... 2ND DEFENDANT JOANINA MUNJURU ..................................................................... 3RD DEFENDANT MARGARET MWONGEA .............................................................. 4TH DEFENDANT CHARLES KAGUORA .................................................................... 5TH DEFENDANT GEORGE KAARIA .......................................................................... 6TH DEFENDANT CHIEF LAND REGISTRAR ........................................................... 7TH DEFENDANT DRUMVALE FARMERS CO-OPERATIVE SOCIETY LIMITED .... 8TH DEFENDANT SAMMY K MUTUKU ..................................................................... 9TH DEFENDANT DIRECTIONS 1. This matter had been slated for judgment on 30th July, 2026 but the same was not ready. When I retired to write the said judgment, and while analyzing the pleadings on record, I noticed that there were no summons to enter appearance that were filed or any contained in the file. On the other hand, I noted https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5378/eng@2026-09-03 1
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that the 1st defendant filed its notice of appointment of advocates on 23rd May 2024, while the 7th defendant entered appearance on 21st January, 2025. 2. Order 5 of the Civil Procedure Rules is clear on the issue of summons which prescribes that it is mandatory that every summons shall be accompanied by a copy of the plaint. This is a critical document that informs the defendants of a pending suit filed against them. There is crucial need for the plaintifi to shed more light on this including whether she took out and served the summons before I proceed further. It is so ordered. DATED, SIGNED & DELIVERED VIRTUALLY THIS 3RD DAY OF SEPTEMBER, 2026. HON. MBOGO C.G. JUDGE In the presence of:Mr. Benson Agunga – Court assistant Ms. Njeri and Mr. Mbogo for the Plaintifi Ms. Wanjiru for the 1st Defendant Ms. Kubai for the 7th Defendant https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5378/eng@2026-09-03 2
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