REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 197 OF 2017
FORMERLY MERU ELC CASE NO. 314 OF 2013
JULIUS NJAGI NKUMBARU………..……….............1ST PLAINTIFF
STANLEY KAGEME NKUMBARU
ALIAS STANLEY KAGEMBE NKUMBARU……....….2ND PLAINTIFF
SEVELINA GACHONOKI NKUMBARU…………......3RD PLAINTIFF
VERSUS
JOHNSON MUTHOMI KITHURE…..………........1ST DEFENDANT
DISTRICT LAND ADJUDICATION &
SETTLEMENT OFFICER – MERU SOUTH…......2ND DEFENDANT
DISTRICT LAND REGISTRAR MERU SOUTH…3RD DEFENDANT
HON. ATTORNEY GENERAL …………………….4TH DEFENDANT
RULING
1. This application is dated 25th March, 2014 and seeks orders:
1. THAT this Honourable Court be pleased to grant leave to the plaintiff/applicant to enter judgment against the 2nd, 3rd and 4th Defendants herein as prayed in the plaint in default of appearance and filing of defence within the stipulated period of time.
2..THAT costs of the case and interest at the court’s rate be provided for.
2. The application is buttressed by the affidavit of David Maitai Rimita swon on 25th March, 2014 and has the following grounds:
1. THAT the defendants though duly served with summons to enter appearance together with plaint have failed to enter appearance and/or have defaulted in filing defence.
2. THAT the stipulated period of time for filing has lapsed.
3.THAT it is therefore only fair and just that this application be allowed.
3. Despite the 2nd, 3rd and 4th defendants having been allowed on 1.9.2016 60 days to respond to the suit and to file apposite documents, they did nothing.
4. In the circumstances, I find it meritorious to allow the application.
5. Leave is granted to the plaintiff to enter judgment against the 2nd, 3rd and 4th defendants as prayed in the plaint in default of appearance and filing of defence within the stipulated period.
6. Costs shall be in the cause.
7. Directions on 9th October, 2017.
8. It is ordered.
Delivered in open court at Chuka this 19th day of July, 2017
in the presence of:
CA: Ndegwa
Rimita for the plaintiffs
P.M. NJOROGE
JUDGE