[2022] KEELC 15631 (KLR)
The court found that the issues raised in the originating summons and the replying affidavit are moot, having been substantially addressed in previous rulings by this court and the Court of Appeal. The only remaining matter is the execution of the order issued on June 27, 2014. Accordingly, the court declined to...
Source-derived case information.
- Citation
- [2022] KEELC 15631 (KLR)
- Parties
- Plaintiff: Tiras Karanja Ngatha; Defendant: Silas Gachugu Ngugi (Being the administrator of the Estate of Ngugi Waweru Munga (Deceased)); Defendant: Land Registrar, Kiambu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 722 of 2012
- Procedural Posture
- Environment and Land Case / Ruling on Originating Summons; Directions on Pending Application
- Outcome
- No judgment delivered on originating summons; directions issued for prosecution of pending application.
- Judges
- LN Mbugua
- Legal Topics
- Execution of Court Orders, Originating Summons, Estate Administration, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tiras Karanja Ngatha
Plaintiff
Silas Gachugu Ngugi (Being the administrator of the Estate of Ngugi Waweru Munga (Deceased))
Defendant
Land Registrar, Kiambu
Defendant
Procedural Posture
Environment and Land Case / Ruling on Originating Summons; Directions on Pending Application
Legal Issues
- 1 Whether the issues raised in the originating summons remain live or have been resolved by previous rulings and judgments.
- 2 What steps are necessary to execute the order of June 27, 2014 and bring the matter to closure.
Ratio Decidendi
The court found that the issues raised in the originating summons and the replying affidavit are moot, having been substantially addressed in previous rulings by this court and the Court of Appeal. The only remaining matter is the execution of the order issued on June 27, 2014. Accordingly, the court declined to deliver a further judgment on the originating summons and directed that the pending application dated June 4, 2019, which relates to execution, be prosecuted without further delay. This approach ensures judicial economy and finality of litigation, preventing relitigation of matters already conclusively determined.
Court Disposition
No judgment delivered on originating summons; directions issued for prosecution of pending application.
Orders
- The application dated June 4, 2019 shall be prosecuted forthwith.
- No further judgment will be delivered on the originating summons.
Full Case Text
Judgment text and source record
20 paragraphs
Ngatha v Ngugi (Being the administrator of the Estate of Ngugi Waweru Munga (Deceased) & another (Environment & Land Case 722 of 2012) [2022] KEELC 15631 (KLR) (9 June 2022) (Ruling)
Neutral citation: [2022] KEELC 15631 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 722 of 2012
LN Mbugua, J
June 9, 2022
Between
Tiras Karanja Ngatha
Plaintiff
and
Silas Gachugu Ngugi (Being the administrator of the Estate of Ngugi Waweru Munga (Deceased)
1st Defendant
Land Registrar, Kiambu
2nd Defendant
Ruling
1. On November 16, 2021 the court gave directions that; “By consent, the originating summons to be heard by way of affidavit evidence”. In that regard, parties were to file and serve their written submissions, thus on April 28, 2022, the court reserved a dated for Judgment( the same being June 9, 2022).
2. However, a perusal of the record reveals that the issues raised in the Originating Summons dated October 18, 2012 and the Replying Affidavit of 1st Respondent dated November 6, 2012 are moot, having substantially been dealt with vide this court’s ruling (Judge Mutungi sitting) of April 16, 2013 and June 27, 2014 and the subsequent Court of Appeal ruling dated March 24, 2017.
3. By and large, the pending issues appertains to the execution of the order of June 27, 2014 in order to bring this matter to closure. In the circumstances, this court will not deliver any judgment. Instead, I direct that the application dated June 4, 2019 be prosecuted forthwith.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 9TH DAY OF JUNE, 2022 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Waweru holding brief for Juma for the PlaintiffKimani N for the 1st DefendantCourt Assistant: Eddel Barasa