[2018] KEELC 1819 (KLR)
The court found that since the application dated 5.1.2018 had been withdrawn to facilitate the grant in succession case no. 23/18 before the Chief Magistrate's court in Meru, there was no pending application before the Environment and Land Court as of the date of the ruling. The court therefore declined to make any...
Source-derived case information.
- Citation
- [2018] KEELC 1819 (KLR)
- Parties
- Plaintiff: Stanley Nkanata; Plaintiff: Julius M’Ikunyua; Defendant: The Director of Lands Adjudication & Settlement; Defendant: Henry Kinyua; Respondent: Karen Karimi Mutuma
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 385 of 1994
- Procedural Posture
- Ruling / Application Withdrawal
- Outcome
- No orders made; application withdrawn and no pending application before the court.
- Legal Topics
- Land Adjudication, Withdrawal of Application, Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Nkanata
Plaintiff
Julius M’Ikunyua
Plaintiff
The Director of Lands Adjudication & Settlement
Defendant
Henry Kinyua
Defendant
Karen Karimi Mutuma
Respondent
Procedural Posture
Ruling / Application Withdrawal
Legal Issues
- 1 Whether there is any pending application before the court as of the date of the ruling.
- 2 Effect of withdrawal of the application dated 5.1.2018.
Ratio Decidendi
The court found that since the application dated 5.1.2018 had been withdrawn to facilitate the grant in succession case no. 23/18 before the Chief Magistrate's court in Meru, there was no pending application before the Environment and Land Court as of the date of the ruling. The court therefore declined to make any orders on a non-existent application.
Court Disposition
No orders made; application withdrawn and no pending application before the court.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC CASE NO. 385 OF 1994
STANLEY NKANATA......................................1ST PLAINTIFF
JULIUS M’IKUNYUA.....................................2ND PLAINTIFF
VERSUS
THE DIRECTOR OF LANDS
ADJUDICATION & SETTLEMENT...........1ST DEFENDANT
HENRY KINYUA...........................................2ND DEFENDANT
KAREN KARIMI MUTUMA.............................RESPONDENT
RULING
1. On 23. 7.2018 Miss Kung’u for the Attorney General informed the court that they were not opposing the application dated 5. 1.2018. A perusal of the file however reveals that the application of 5. 1.2018 was withdrawn in order to get the grant in succession case no. 23/18 before CM’s court Meru. It follows that there is no pending application as at now.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 26TH DAY OF SEPTEMBER, 2018
IN THE PRESENCE OF:-
Court Assistant: Janet/Galgalo
Miss Materi holding brief for Murango Mwenda for plaintiff
1st plaintiff
HON. LUCY. N. MBUGUA
ELC JUDGE