[2025] KEELC 3617 (KLR)

[2025] KEELC 3617 (KLR)

The court found that the 2nd Defendant/Applicant had not instructed M/s Nyingi & Wanjiru Company Advocates to act on his behalf and that the said firm did not respond to the allegations despite being served. The Applicant's right to choose an advocate of his preference was emphasized. The court held that, in the absence of evidence of proper instructions to the previous firm, pleadings filed by them on behalf of the 2nd Defendant/Applicant should be expunged. The court also found merit in granting the 2nd Defendant/Applicant leave to file a replying affidavit to the originating summons. The application was therefore allowed as prayed, with each party bearing their own costs.

Citation
[2025] KEELC 3617 (KLR)
Parties
Plaintiff: Dominic Nganga Njuguna; Defendant: Edith Waithira Gitau; Defendant: Thika Land Registry; Defendant: Charles Kimani Mburu; Defendant: William Wachira Kihiuhi; Defendant: Jane Wambui Mwai; Defendant: Laura Gathoni Kiratu; Defendant: Njuguna Githongo; Defendant: Mwalimu Investment Co Ltd; Defendant: Mwallimu Sukari Company Limited
Court
Environment and Land Court
Court Station
Environment and Land Court at Thika
Jurisdiction
Kenya
Judgment Date
6 May 2025
Case Number
Civil Suit 206 of 2017
Procedural Posture
Civil Suit / Ruling on Notice of Motion to Expunge Pleadings and for Leave to File Replying Affidavit
Outcome
application allowed
Judges
JM Onyango
Legal Topics
Representation by Advocate, Pleadings Expungement, Land Title Disputes, Right to Counsel
Source Language
English
Civil Procedure Land and Property Representation by Advocate Pleadings Expungement Land Title Disputes Right to Counsel

Case Brief

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Parties

Dominic Nganga Njuguna

Plaintiff

Edith Waithira Gitau

Defendant

Thika Land Registry

Defendant

Charles Kimani Mburu

Defendant

William Wachira Kihiuhi

Defendant

Jane Wambui Mwai

Defendant

Laura Gathoni Kiratu

Defendant

Njuguna Githongo

Defendant

Mwalimu Investment Co Ltd

Defendant

Mwallimu Sukari Company Limited

Defendant

Procedural Posture

Civil Suit / Ruling on Notice of Motion to Expunge Pleadings and for Leave to File Replying Affidavit

Legal Issues

  1. 1 Whether pleadings filed by M/s Nyingi & Wanjiru Company Advocates on behalf of the 2nd Defendant should be expunged from the court record.
  2. 2 Whether the 2nd Defendant should be granted leave to file a replying affidavit to the originating summons.

Ratio Decidendi

The court found that the 2nd Defendant/Applicant had not instructed M/s Nyingi & Wanjiru Company Advocates to act on his behalf and that the said firm did not respond to the allegations despite being served. The Applicant's right to choose an advocate of his preference was emphasized. The court held that, in the absence of evidence of proper instructions to the previous firm, pleadings filed by them on behalf of the 2nd Defendant/Applicant should be expunged. The court also found merit in granting the 2nd Defendant/Applicant leave to file a replying affidavit to the originating summons. The application was therefore allowed as prayed, with each party bearing their own costs.

Court Disposition

application allowed

Orders

  • All pleadings filed by M/s Nyingi & Wanjiru Company Advocates on behalf of the 2nd Defendant/Applicant are expunged from the court record.
  • The 2nd Defendant/Applicant is granted leave to file a replying affidavit to the originating summons.