REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU Misc. Civ. Appli. 146 of 2005 REPUBLIC OF KENYA………….…….......................……………………APPLICANT VERSUS THE HON.ATTORNEY GENERAL……………………….………1ST RESPONDENT THE DISTRICT LAND REGISTRAR NYERI DISTRICT…..…..2ND RESPONDENT JOSEPH KIHARA GITUI………………………………………….3RD RESPONDENT MOSES KINAICHU MUGENYO……….…………………………4TH RESPONDENT KIMOTHO HIUHU……………………...…………………………..5TH RESPONDENT KINYUA HIUHU…………………...……………………………….6TH RESPONDENT WANJWENI KANGERI………...………………………………….7TH RESPONDENT GIAKABURI/KANJIKERU SELF HELP GROUP……………….8TH RESPONDENT RULING The Application dated 16/1/2008 seeks orders to set aside exparte orders given on 24/1/2006 and issued on 27/1/2006. And that the District Land Registrar Nyeri District be ordered to re –open the public road of access running between land parcels number Magutu/Gatei/444 and 445. The application is based on 7 grounds set out in the application and on supporting affidavit of Moses Kinaichu Mugenyo 4th Respondent in the Misc. Application sworn on 16/1/2008 which shows that the orders sought to be set aside were granted after hearing application dated 23/1/2006 annexure MKM – 1. By order of this court made on 13/11/2007, it was ordered that this suit be stayed pending the hearing and determination of Misc.96/2005. This application therefore should not be filed until the orders of stay are discharged or that case is determined. There is no evidence of the present status of Misc.No.96/2005 and therefore the court cannot presume. I therefore dismiss this application. I however point out that there has been great delay in these matters filed by Mr. Gacheche hence Ex parte applicant is not entitled to costs for this application.
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Dated this 30th May, 2008. J. N. KHAMINWA JUDGE 30/5/2008 Khaminwa – Judge Njue – Clerk Joseph Kihara Gitui present Christopher present Read in open court in their presence. J. N. KHAMINWA JUDGE
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