[2023] KEELC 20788 (KLR)
The court held that it had already delivered two rulings on the issue of reinstatement of the suit, specifically on 3rd November 2023 and 23rd February 2023. As a result, the court determined that it was now functus officio and lacked jurisdiction to entertain any further applications on the same issue. The...
Source-derived case information.
- Citation
- [2023] KEELC 20788 (KLR)
- Parties
- Plaintiff: Mary Waithera Njoroge; Defendant: Chief Land Registrar; Defendant: Benson Maingi Mutahi; Defendant: Hellen Wanjiku Maingi; Defendant: Michael Wagunda; Defendant: Grace Wairimu Muigai
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 210 of 2019
- Procedural Posture
- Environment and Land Case / Ruling on Application for Reinstatement of Suit
- Outcome
- Application marked as spent; file closed.
- Judges
- LN Mbugua
- Legal Topics
- Reinstatement of Suit, Functus Officio, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Waithera Njoroge
Plaintiff
Chief Land Registrar
Defendant
Benson Maingi Mutahi
Defendant
Hellen Wanjiku Maingi
Defendant
Michael Wagunda
Defendant
Grace Wairimu Muigai
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Reinstatement of Suit
Legal Issues
- 1 Whether the court can entertain a further application for reinstatement after having already delivered two rulings on the same issue.
- 2 Whether the court is functus officio in relation to the reinstatement application.
Ratio Decidendi
The court held that it had already delivered two rulings on the issue of reinstatement of the suit, specifically on 3rd November 2023 and 23rd February 2023. As a result, the court determined that it was now functus officio and lacked jurisdiction to entertain any further applications on the same issue. The application for reinstatement was therefore marked as spent, and the file was ordered closed.
Court Disposition
Application marked as spent; file closed.
Orders
- The application dated 23.2.2023 is marked as spent.
- The file is closed.
Full Case Text
Judgment text and source record
24 paragraphs
Njoroge v Chief Land Registrar & 4 others (Environment & Land Case 210 of 2019) [2023] KEELC 20788 (KLR) (16 October 2023) (Ruling)
Neutral citation: [2023] KEELC 20788 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 210 of 2019
LN Mbugua, J
October 16, 2023
Between
Mary Waithera Njoroge
Plaintiff
and
The Chief Land Registrar
1st Defendant
Benson Maingi Mutahi
2nd Defendant
Hellen Wanjiku Maingi
3rd Defendant
Michael Wagunda
4th Defendant
Grace Wairimu Muigai
5th Defendant
Ruling
1. The court has perused the application dated 23. 2.2023. I find that the court has delivered two rulings on the issue of reinstatement of the suit that is one of 3. 11. 2023 and the one of 23. 2.2023. As such, I find that this court is now Functus official. The application is hence marked as spent and the file is closed.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 16TH DAY OF OCTOBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGE