REPUBLIC OF KENYA High Court at Machakos Civil Case 209 of 2008 1. 2. WAIU NZALU MUTULU NZALU …………………………………..… PLAINTIFFS/APPLICANTS VERSUS 3. 1. JAMES NGOMO MBWIKA 2. MAKUENI DISTRICT LAND DISPUTES TRIBUNAL ………………………… DEFENDANTS/RESPONDENTS RULING By a Notice of Motion dated 17th August 2012, this court has been requested to enter judgment against the 2nd defendant the Makueni Land Disputes Tribunal in favour of the plaintiff. I will not grant such leave to enter judgment. The first reason is that the Land Disputes Tribunal Act was repealed. The effect of the repeal is that there is no Land Disputes Tribunal in existence. Secondly, in my view, under Order 10 rule 4 of the Civil Procedure Rules, judgment before tendering evidence in default of entering appearance, can only be granted by the court for liquidated demands, not on land or other claims. This is a claim on land. It is not a claim for a liquidated amount. Therefore the provisions for entry of judgment cited are not applicable. I find no merits in the application, and dismiss the same. I make no order as to costs. Dated and delivered at Machakos this 5th day of December 2012. ……………………………………… George Dulu Judge In the presence of: Mr Kasyoka holding brief for Musyoka Makau for Plaintiff/Applicant N/A for Defendants Mutinda – Court clerk
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.