[2025] KEELC 3934 (KLR)
The court found that the applicant's failure to specify the dismissed suit number and the use of a miscellaneous application, rather than proceeding in the original suit file, deprived the court of the ability to properly consider the matter. Furthermore, the court noted that a similar application for reinstatement...
Source-derived case information.
- Citation
- [2025] KEELC 3934 (KLR)
- Parties
- Applicant: Kennedy Murigi Mbau; Plaintiff: Joyce Wambui Mbau; Respondent: Purity Wambui Wamea; Respondent: Land Registrar Nairobi; Respondent: The Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E007 of 2025
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Reinstatement of Suit
- Outcome
- application dismissed as abuse of court process; file closed
- Judges
- JA Mogeni
- Legal Topics
- Reinstatement of Suit, Abuse of Court Process, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Murigi Mbau
Applicant
Joyce Wambui Mbau
Plaintiff
Purity Wambui Wamea
Respondent
Land Registrar Nairobi
Respondent
The Attorney General
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Reinstatement of Suit
Legal Issues
- 1 Whether the application for reinstatement of the dismissed suit is properly before the court.
- 2 Whether the applicant abused the court process by filing a miscellaneous application instead of proceeding in the original suit file.
- 3 Whether the court should grant the orders sought for reinstatement.
Ratio Decidendi
The court found that the applicant's failure to specify the dismissed suit number and the use of a miscellaneous application, rather than proceeding in the original suit file, deprived the court of the ability to properly consider the matter. Furthermore, the court noted that a similar application for reinstatement had already been made and dismissed in the original suit before another judge. The present application was therefore an abuse of the court process. The court directed the applicant to withdraw the current application and warned against further misuse of judicial processes. The file was ordered closed, and parties were directed to file any further applications in the original...
Court Disposition
application dismissed as abuse of court process; file closed
Orders
- The applicant is directed to withdraw the application filed before this court.
- Parties are directed to file any further applications before Court 1 where the substantive suit is domiciled.
Full Case Text
Judgment text and source record
30 paragraphs
Mbau v Wamea & 2 others; Mbau (Applicant) (Miscellaneous Application E007 of 2025) [2025] KEELC 3934 (KLR) (21 May 2025) (Ruling)
Neutral citation: [2025] KEELC 3934 (KLR)
Republic of Kenya
In the Environment and Land Court at Thika
Miscellaneous Application E007 of 2025
JA Mogeni, J
May 21, 2025
Between
Joyce Wambui Mbau
Plaintiff
and
Purity Wambui Wamea
1st Respondent
Land Registrar Nairobi
2nd Respondent
The Attorney General
3rd Respondent
and
Kennedy Murigi Mbau
Applicant
Ruling
1. The Applicant moved the Court vide 21/01/2025 seeking reinstatement of a suit he states was dismissed on 14/11/2017 seeking to have the same reinstated for hearing.
2. I note that the Applicant did not indicate the number of the suit that was dismissed but only the date when the alleged suit was dismissed.
3. I also note that the Application is brought as a Miscellaneous Application meaning the Court is denied the benefit of perusing the original file of the said suit.
4. If it were not for the Replying Affidavit of Purity Wambui Wamea dated 21/03/2025, I would not have known that the matter seeking to be reinstated is ELC No. 829 of 2017.
5. In calling for the file I realized that it is actually before my sister Justice Jane Onyango and a similar Application was made before her and dismissed for want of prosecution on 16/01/2025.
6. This is an outright abuse of the Court process. I will not go beyond this but refer the Applicant and the other Applicants in this ELCMISC E007 of 2025 back to Court 1 to file substantive Applications if need be under the same suit file and seek the orders sought here in the Court.
7. The Applicant for the Notice of Motion dated 21/01/2025 is directed to withdraw the Application filed before this Court and also warned to avoid misusing and abusing the judicial processes.
8. I therefore direct that the parties if they are interested in litigating further to file their Applications before Court 1 where the substantive suit is domiciled and to avoid Miscellaneous Applications consuming scarce Court time. This file is closed.Orders Accordingly
DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA THIS 21ST DAY OF MAY 2025 VIA MICROSOFT TEAMS.……………………MOGENI JJUDGEIn the presence of:Plaintiff - AbsentMr. Tumu for the 1st Respondent2nd and 3rd Respondents - AbsentMr. Melita – Court Assistant………………………MOGENI JJUDGE