REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NYANDARUA
ELCA CASE NO E005 OF 2024
DAVID GITONGA GITHINJI................................................APPELLANT
VERSUS
CHARLES NDERITU KIRUKI ( sued as the Administrator of the Estate of
ANN MURIMA NDERITU ( Deceased).........................1st RESPONDENT
NYANDARUA DISTRICT LAND REGISTRAR..........2ND RESPONDENT
RULING
It is unfortunate to the Appellant in this case that the Record of Appeal is incomplete and the Court cannot therefore be able to comprehend whether he would succeed in the Appeal or not. Why do I say so? In the CTS the first part of the Appeal does not appear at all i.e in volume 1. When I realized these 3 times I asked the Appellant’s Counsel Mr Maina Kairu in Court when he was appearing in other matters. I even told him to give us a hard copy and twice he told me that he had filed it. This was not the case. It was only during the third time he told me he had sent someone to file it. And even though the hard copy of the Appeal was still incomplete, the same is paginated on top and at the bottom. I realized from the index, the table of contents that I should go by the pages at the bottom. Unfortunately, the same runs from page 1 to page 13. Then it jumps to page 84 meaning that 71 pages are missing. I believe this is where most of the pleadings in the lower Court are.
The last Pleading I got is the further Amended Plaint for pages 8 to 11 and then on page 12 is the Verifying Affidavit. Page 13 contains the Defence to 1st Defendant’s Counter-claim. I did not have the advantage of the Defence and Counter-claim. It appears that I was only given the pleadings from the Appellant’s side and none from the Respondents. From page 84 to page 117 are documents which again I can’t tell what they represent.
Then the proceedings on page 118 to page 231. On pages 232 – 241 is the Judgement. From the table of contents, pages 17 to 117 are said to contain: -
a. Proceedings and Ruling of the Land Registrar Hon C.W.Ngechu
b. Report by Land Registrar E.W Maina dated 21/9/2021 and filed on 17/11/2021.
c. Reported by District Surveyor E.K.Kibiru dated 21/9/2021.
d. Report by Land Registrar C.M.Ayienda dated 22/9/2021.
e. Plaintiff’s Submissions dated 10-/7/2023.
f. Amended Defence and Counter-claim dated 9/3/2016.
g. Amended Defence and Counter-claim dated 30/5/2018.
h. Further Amended Defence and Counter-claim dated 20/1/2020.
i. Defendant’s bundle of Statements and Documents.
j. 2nd Defendant Notice of Appointment of Advocates.
In the circumstances, I am unable to write a Judgment due to lack of sufficient or incomplete material and I therefore strike out the herein Appeal for the said reasons with costs.
Judgment read, signed and delivered at Nyandarua this 28th Day of May, 2026.
MUGO KAMAU
JUDGE
In the Presence of: -
Court Assistant: Samson
Appellant’s Counsel: Mr. Maina Kairu.
Respondent’s Counsel: Ms. Mugi.
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