[2019] KEELC 1058 (KLR)
The court found that the petitioners failed to attend court and had not served the petition upon the respondents. In the absence of service and prosecution, the application dated 9th October, 2019 was dismissed and ex parte orders previously granted were vacated. The court directed the petitioners to serve the...
Source-derived case information.
- Citation
- [2019] KEELC 1058 (KLR)
- Parties
- Applicant: Nyaga Muchiri; Applicant: Purity Mwathoko; Respondent: Thomas Njiru Kanyunga; Respondent: Micheru Kanyunga; Respondent: District Land Adjudication & Settlement Officer Meru South; Respondent: Land Registrar, Meru South; Respondent: Chief Land Registrar; Respondent: The Honourable Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- ? 4 of 2019
- Procedural Posture
- Constitutional Petition / Interlocutory Ruling on Service and Directions
- Outcome
- Application dismissed; ex parte orders vacated; directions issued for service and submissions.
- Legal Topics
- Land Adjudication, Service of Process, Right to Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyaga Muchiri
Applicant
Purity Mwathoko
Applicant
Thomas Njiru Kanyunga
Respondent
Micheru Kanyunga
Respondent
District Land Adjudication & Settlement Officer Meru South
Respondent
Land Registrar, Meru South
Respondent
Chief Land Registrar
Respondent
The Honourable Attorney General
Respondent
Procedural Posture
Constitutional Petition / Interlocutory Ruling on Service and Directions
Legal Issues
- 1 Whether the petitioners have properly served the petition upon the respondents.
- 2 Whether the application dated 9th October, 2019 should be dismissed for non-attendance and lack of service.
- 3 What directions should be issued for the further conduct of the petition.
Ratio Decidendi
The court found that the petitioners failed to attend court and had not served the petition upon the respondents. In the absence of service and prosecution, the application dated 9th October, 2019 was dismissed and ex parte orders previously granted were vacated. The court directed the petitioners to serve the petition and file submissions within 21 days, and the respondents to respond and file submissions thereafter. The matter was set for further directions, emphasizing the necessity of service and compliance with procedural requirements to ensure fair hearing.
Court Disposition
Application dismissed; ex parte orders vacated; directions issued for service and submissions.
Orders
- The application dated 9th October, 2019 is dismissed and ex parte orders granted on 16th October, 2019 are vacated.
- The petitioners to serve the petition upon the respondents and to file and exchange written submissions within 21 days of today.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC PETITION CASE NO. 04 OF 2019
IN THE MATTER OF LAND PARCEL NO. MWIMBI/MUGUMANGO/594
AND
IN THE MATTER OF ARTICLES 40 AND 165 OF THE CONSTITUTION OF KENYA, 2010
BETWEEN
NYAGA MUCHIRI ..................................................................1ST PETITIONER
PURITY MWATHOKO ..........................................................2ND PETITIONER
VERSUS
THOMAS NJIRU KANYUNGA............................................1ST RESPONDENT
MICHERU KANYUNGA......................................................2ND RESPONDENT
DISTRICT LAND ADJUDICATION & SETTLEMENT
OFFICER MERU SOUTH....................................................3RD RESPONDENT
LAND REGISTRAR, MERU SOUTH.................................4TH RESPONDENT
CHIEF LAND REGISTRAR.................................................5TH RESPONDENT
THE HONOURABLE ATTORNEY GENERAL................6TH RESPONDENT
RULING
1. For the second time the Petitioners and their advocate did not come to court. There is no evidence that the petition has been served upon the respondents.
2. The following orders are issued:
1. The application dated 9th October, 2019 is dismissed and exparte orders granted on 16th October, 2019 are vacated.
2. The petitioners to serve the petition upon the respondents and to file and exchange written submissions within 21 days of today.
3. The respondents to respond to the petition within 21 days of today and to file and exchange their written submissions within 21 days after expiry of the period granted to the petitioners to file and exchange their written submissions.
4. Parties to come to court for directions on 16. 12. 2019.
5. Orders issued today to be served upon the parties by this court’s Deputy Registrar.
Delivered in open Court at Chuka this 30th day of October, 2019 in the presence of:
CA: Ndegwa
Nyaga Muchiri absent – 1st Petitioner
Purity Mwathoko – absent – 2nd Petitioner
Thomas Njiru 1st Respondent – absent
Micheru Kanyunga 2nd Respondent -absent
P. M. NJOROGE,
JUDGE.