[2025] KEELC 3307 (KLR)
The court found that the ex parte applicants failed to comply with its directions by not filing written submissions and failing to attend the scheduled hearing. The respondents, having complied with the court's directions, were entitled to seek dismissal of the application. The court exercised its discretion to...
Source-derived case information.
- Citation
- [2025] KEELC 3307 (KLR)
- Parties
- Applicant: Geoffrey Githiri Ngugi; Applicant: Samuel Kiarie Ngugi; Applicant: James Mungai Ngugi; Respondent: Kipipiri Land Dispute Tribunal; Respondent: John K Ngugi; Respondent: Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nyandarua
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Judicial Review Case E004 of 2024
- Procedural Posture
- Judicial Review / Ruling on Application for Leave to Change Advocate and Removal of Restriction
- Outcome
- application dismissed for want of prosecution and non-compliance with court directions
- Judges
- JM Kamau
- Legal Topics
- Land Restrictions, Removal of Caveat, Change of Advocate, Tribunal Decisions, Consent Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Githiri Ngugi
Applicant
Samuel Kiarie Ngugi
Applicant
James Mungai Ngugi
Applicant
Kipipiri Land Dispute Tribunal
Respondent
John K Ngugi
Respondent
Attorney General
Respondent
Procedural Posture
Judicial Review / Ruling on Application for Leave to Change Advocate and Removal of Restriction
Legal Issues
- 1 Whether leave should be granted for a change of advocate for the 2nd applicant.
- 2 Whether the restriction registered against parcel Nyandarua/Mawingo/2145 and related parcels should be lifted.
- 3 Whether the application should be dismissed for non-attendance and failure to file submissions by the applicants.
Ratio Decidendi
The court found that the ex parte applicants failed to comply with its directions by not filing written submissions and failing to attend the scheduled hearing. The respondents, having complied with the court's directions, were entitled to seek dismissal of the application. The court exercised its discretion to dismiss the application dated 22/7/2024 for want of prosecution and non-compliance with court orders. The substantive issues regarding the removal of the restriction and change of advocate were not determined on their merits due to the applicants' default.
Court Disposition
application dismissed for want of prosecution and non-compliance with court directions
Orders
- The ex parte applicants' application dated 22/7/2024 is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
27 paragraphs
Ngugi & 2 others v Kipipiri Land Dispute Tribunal & 8 others (Environment and Land Judicial Review Case E004 of 2024) [2025] KEELC 3307 (KLR) (1 April 2025) (Ruling)
Neutral citation: [2025] KEELC 3307 (KLR)
Republic of Kenya
In the Environment and Land Court at Nyandarua
Environment and Land Judicial Review Case E004 of 2024
JM Kamau, J
April 1, 2025
Between
Geoffrey Githiri Ngugi
1st Applicant
Samuel Kiarie Ngugi
2nd Applicant
James Mungai Ngugi
3rd Applicant
and
Kipipiri Land Dispute Tribunal & others
1st Respondent
John K Ngugi
2nd Respondent
Attorney General & 6 others & 6 others & 6 others
3rd Respondent
Ruling
1. In the Application dated 22/7/2024 the Applicant seeks for leave to the firm of M/s Mburu Maina & Company Advocates to came on record for the 2nd Applicant in place of the Firm of M/s Karanja Mbugua & Company Advocates upon which the said Firm be heard on an Application for the removal of the prohibition and/or restriction entered in register of all that parcel of land known as Nyandarua/Mawingo/2145. The grounds of the Application are that a restriction was issued and registered against the parcel of land title No. Nyandarua/Mawingo /2145 belonging to the 2nd applicant together with parcels Nos 2037,2038 and 2147 repetitively.
2. There was a dispute in Kipiriri Land Dispute Tribunal No. 12 of 2010 challenging the issuance of Title Deeds in the names of that Applicants which was later quashed.
3. The parties herein reached a settlement out of court, it is important that the restriction be lifted for the 2nd Applicant to fully utilize his parcel of land unhindered .
4. On 27/1/2025 I directed that parties put in their written submission and appear in court on 12/3/2025 to argue the same. By then Mr. Ojou was present for the ex parte applicant. Respondents were also in court. On 12/3/2025 consent for the Ex parte Applicants did not only fail to turn up in court but also, they did not file the direction written submissions. the respondents did file their submissions on 7/3/2025 and on kind the court to dismiss the ex-parte applicants application dated 22/7/2024 and so it is ordered.
RULING DATED AND DELIVERED IN NYANDARUA THIS 1ST DAY OF APRIL 2025. ............................MUGO KAMAUJUDGE