Charles Mwangi Mutuangure v Hinga Simon Gichomo & 1 other

Mutuangure v Gichomo & another; Board of Management Ngoeni Primary School (Intended Interested Party) (Civil Case 198 of 1991) [2024] KEHC 7624 (KLR) (13 June 2024) (Ruling) Neutral citation: [2024] KEHC 7624 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYERI CIVIL CASE 198 OF 1991 DKN MAGARE, J JUNE 13, 2024 BETWEEN CHARLES MWANGI MUTUANGURE .................................................. PLAINTIFF AND HINGA SIMON GICHOMO ........................................................... 1ST DEFENDANT MURANG’A COUNTY COUNCIL ............................................... 2ND DEFENDANT AND BOARD OF MANAGEMENT NGOENI PRIMARY SCHOOL .... INTENDED INTERESTED PARTY RULING 1. An application was brought on 13/6/2022. It is seeking to essentially set aside orders given 12 years ago. The subject matter is land. 2. The court does not handle matters related to land. The orders of the court appear to be implemented and other parties have title deeds. This is not a matter to be dealt by the court as it is functus oficio. 3. Secondly, the Applicant is guilty of laches. 17 years is a humongous time lapse that cannot be considered ipso facto. There is nothing to be heard. 4. Accordingly, the application dated 13/6/2022 is dismissed. The file is closed. 5. To avoid unnecessary prolongation of proceedings each party shall bear its costs. Determination 6. In the end I make the following orders:- https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/7624/eng@2024-06-13 1

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