Set Aside Ruling Date

REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI

MILIMANI LAW COURTS
ELC CASE NO 727 OF 2021
AYUB NJENGA WAINAINA .................................................1ST PLAINTIFF/APPLICANT

IRENE WAIRIMU WAINAINA .......................................... 2nd PLAINTIFF /APPLICANT
VERSUS
JOHN EDWARD NGURE ……………….….........…...1STDEFENDANT/RESPONDENT
MAWENGA COMPANY LIMITED ………………....2NDDEFENDANT/RESPONDENT
THE DISTRICT LAND REGISTRAR ....................... 3RD DEFENDANT/RESPONDENT
THE HON. ATTORNEY GENERAL ...................... 4TH DEFENDANT /RESPONDENT
STEPHEN NJAU KANGETHE ..................................................1ST INTERESTED PARTY

BENALD KAMANDE MBUGUA ...............................................2ND INTERESTED PARTY
ASWANI OBUTABILA PATRICK ............................................. 3RD INTERESTED PARTY
CERTIFICATE OF URGENCY
I, Paul Macharia, an Advocate of the High Court of Kenya, practicing with the firm of
Waruiru ,Karuku& Mwangale Advocates, who have the conduct of this matter on behalf of
the Petitioner/Applicant, CERTIFY that the Application filed herein is of utmost urgency,
requiring to be placed before the Honourable Judge at the earliest possible moment, for the
reason that the Plaintiffs/ Applicants are seeking to set aside the ruling date to enable them file
their written submissions to the Application dated 18th November 2021.
That it is the interest of Justice that the Honourable Court allows the Plaintiffs/ Applicants top
file and serve their submissions.
That no p[arty shall suffer prejudice should this application be allowed.
DATED at NAIROBI this day of 2022
WARUIRU KARUKU & MWANGALE

ADVOCATES FOR THE PLAINTIFFS/APPLICANTS
DRAWN & FILED BY:-
WARUIRU, KARUKU & MWANGALE ADVOCATES,
VIKING HOUSE, OFF WAIYAKI WAY, 1ST FLOOR,
P.O. BOX 48325 – 00100,
NAIROBI
Email: [email protected]
TO BE SERVED UPON:
S.G MBAABU & COMPANY ADVOCATES,

REHEMA HOUSE, STANDARD STREET,
P.O BOX 59381-00200
NAIROBI
KANYI KOGE AND COMPANY ADVOCATES,

REINSURANCE PLAZA, 10TH FLOOR,
AGA KHAN WALK,
P.O BOX 73881-00200
NAIROBI
MOINDI AND COMPANY,

ADVOCATES,
COMMERCE HOUSE, 2ND FLOOR,
P.O BOX 60381-00200
NAIROBI
THE HONOURABLE ATTORNEY GENERAL,

SHERIA HOUSE, DEPARTMENT OF JUSTICE,
NAIROBI
IBRAHIM SANKOH & COMPANY,

ADVOCATES
JETHAL CHAMBERS, 3RD FLOOR
P.O. BOX 18520-00100
NAIROBI
REPUBLIC OF KENYA
MILIMANI LAW COURTS

VERSUS

NOTICE OF MOTION
Pursuant to Section 3A and 63 of the Civil Procedure Act and Order 51 Rule 1 of
the Civil Procedure Rules 2010 1nd all other enabling provisions of the Law.
TAKE NOTICE that this Honourable Court shall be moved on the ………………day of
……………………………2021 at 9 O’clock in the forenoon or soon thereafter, for hearing of
the Application by counsel for the Applicant for orders that:
1. THAT this Application be certified urgent and heard ex-parte in the first instance.
2. THAT the Honourable Court be pleased to set aside the ruling date set on 15 th March
2022 and leave be granted for the Applicants to file and serve their submissions to the
Application dated 18th November 2022.
3. THAT costs be in the cause.
WHICH APPLICATION is supported by the grounds set out hereunder and the annexed
affidavit of Paul Macharia and such further grounds to be adduced at the hearing hereof.
1. THAT the matter came up for hearing of the Application dated 18th November 2021 on
the………… whereby the Honourable Court directed that the same be argued by way of
written submissions.
2. THAT the Applicants through their Advocates prepared their submissions but the same
had not been filed as at the 27th of January 2022.
3. THAT counsel for the Applicants severally attempted to log in to the virtual court
session in order to explain the predicament and seek additional period of time to file the
same but was unable due to internet challenges.
4. THAT the Honourable Court proceeded and fixed the application for ruling on the 15th of
March 2022.
5. THAT the Applicants are seeking to set aside the ruling date in order for them to file
submissions to the said application.
6. THAT it is in the interest of Justice that the same be allowed as no party in the
proceedings stands prejudiced.
DATED at NAIROBI this day of 2022
WARUIRU KARUKU & MWANGALE

ADVOCATES FOR THE PLAINTIFFS/APPLICANTS
DRAWN & FILED BY:-
P.O. BOX 48325 – 00100,
NAIROBI
TO BE SERVED UPON:

P.O BOX 59381-00200
NAIROBI

AGA KHAN WALK,
P.O BOX 73881-00200
NAIROBI
MOINDI AND COMPANY ADVOCATES,

P.O BOX 60381-00200
NAIROBI

NAIROBI
ADVOCATES
P.O. BOX 18520-00100
NAIROBI
REPUBLIC OF KENYA
MILIMANI LAW COURTS

VERSUS

SUPPORTING AFFIDAVIT
I, Paul Macharia, of Post Office Box 48325-0010 Nairobi, hereby make oath and state as
follows:
1. THAT I am an advocate of the High Court of Kenya practicing as such in the firm of
Waruiru Karuku &Mwangale Advocates, Viking House, 1st Floor, Off Westlands
Road, Waiyaki Way,in Nairobi.
2. THAT I have full knowledge of this matter hence competent to swear this Affidavit on
behalf of the Firm.
3. THAT the matter came up for hearing of the Application dated 18th November 2021 on
the………… whereby the Honourable Court directed that the same be argued by way of
written submissions.
4. THAT the Applicants through their Advocates prepared their submissions but the same
had not been filed as at the 27th of January 2022. Annexed hereto and marked PM1 is a
copy of the said written submissions.
5. THAT counsel for the Applicants severally attempted to log in to the virtual court
session in order to explain the predicament and seek additional period of time to file the
same but was unable due to internet challenges.
6. THAT the Honourable Court proceeded and fixed the application for ruling on the 15th of
March 2022.
7. THAT the Applicants are seeking to set aside the ruling date in order for them to file
submissions to the said application.
8. THAT the Applicants have a right o be heard which they plead with this Honourable
Court to uphold.
9. THAT this is a mistake on the part of the Advocates and the same should not be visited
on the Applicants.
10. THAT it is in the interest of Justice that the same be allowed as no party in the
proceedings stands prejudiced.
11. THAT what is deponed to herein is true to the best of my knowledge information and
belief.
SWORN at NAIROBI by the said }
Paul Macharia } ……………………….
This day of 2022 } DEPONENT
}
BEFORE ME }
}
}
}
}
COMMISSIONER FOR OATHS }
DRAWN & FILED BY:-
P.O. BOX 48325 – 00100,
NAIROBI
TO BE SERVED UPON:
P.O BOX 59381-00200
NAIROBI

AGA KHAN WALK,
P.O BOX 73881-00200
NAIROBI
MOINDI AND COMPANY ADVOCATES,

P.O BOX 60381-00200
NAIROBI

NAIROBI

ADVOCATES
P.O. BOX 18520-00100
NAIROBI

Set Aside Ruling Date

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REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT NAIROBI

AYUB NJENGA WAINAINA .................................................1ST PLAINTIFF/APPLICANT

STEPHEN NJAU KANGETHE ..................................................1ST INTERESTED PARTY

their written submissions to the Application dated 18th November 2021.

file and serve their submissions.

That no p[arty shall suffer prejudice should this application be allowed.

DATED at NAIROBI this day of 2022

WARUIRU KARUKU & MWANGALE

S.G MBAABU & COMPANY ADVOCATES,

KANYI KOGE AND COMPANY ADVOCATES,

MOINDI AND COMPANY,

THE HONOURABLE ATTORNEY GENERAL,

IBRAHIM SANKOH & COMPANY,

AYUB NJENGA WAINAINA .................................................1ST PLAINTIFF/APPLICANT

STEPHEN NJAU KANGETHE ..................................................1ST INTERESTED PARTY

DATED at NAIROBI this day of 2022

WARUIRU KARUKU & MWANGALE

S.G MBAABU & COMPANY ADVOCATES,

KANYI KOGE AND COMPANY ADVOCATES,

MOINDI AND COMPANY ADVOCATES,

THE HONOURABLE ATTORNEY GENERAL,

AYUB NJENGA WAINAINA .................................................1ST PLAINTIFF/APPLICANT

STEPHEN NJAU KANGETHE ..................................................1ST INTERESTED PARTY

KANYI KOGE AND COMPANY ADVOCATES,

MOINDI AND COMPANY ADVOCATES,

THE HONOURABLE ATTORNEY GENERAL,

IBRAHIM SANKOH & COMPANY,

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