George Gitau Gatuma v James Muchene Gatuma & 3 others

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ELC CASE NO. 373 OF 2008 GEORGE GITAU GATUMA …………………..............……………………PLAINTIFF VERSUS JAMES MUCHENE GATUMA……..............……1ST DEFENDANT/RESPONDENT REGISTRAR OF LANDS………….............…….2ND DEFENDANT/RESPONDENT HON. ATTORNEY GENERAL……...........…...….3RD DEFENDANT/RESPONDENT THE BOARD MEMBER OF THE CHURCH OF RESTORATION (MUTUINI)….......…........…..4TH DEFENDANT/RESPONDENT JUDGMENT On 25/5/2015, the parties were directed to fully comply with order 3, 7 and 11 of the Civil Procedure Rules within 60 days. Hearing was fixed for today, 25/1/2016. When the matter came up for hearing only the 1st Defendant was in court. This suit was filed way back in the year 2008 7 years ago. This case illustrates why the public perceives the Judiciary as a veritable natural procrastinator of delivery of justice. Clearly in this case the Plaintiff’s conduct does not evince co-operation with the court so that justice can be dispensed timeously. It is also clear that the 2nd, 3rd and 4th Defendants, who are also not in court today, have not helped the situation. In this suit, the 1st Defendant has no counter claim. The other Defendants are absent. In terms of the provisions of Order 12 Rule 3 of the Civil Procedure Rules, I dismiss this suit. I award costs to the 1st Defendant only. It is so ordered. Delivered in open court at Nairobi this 25th day of January, 2016 in the presence of: Court clerk – Daniel P.M. NJOROGE JUDGE