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ELCStruck OutELCL APPEAL CASE NO. E090 OF 2026

Julius Ntongai Takuabi v Joseph Muriira, Land Registrar Tigania, Sub-County Surveyor Tigania & Attorney General

Environment and Land Court
23 September 2026
BEB M Eboso
387 words in judgment
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The bottom line

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What this practically means

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Executive summary

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This is an ex-tempore ruling of the Environment and Land Court at Meru (B M Eboso, ELC Judge) striking out an appeal, ELCL Appeal Case No. E090 of 2026, by Julius Ntongai Takuabi against Joseph Muriira, the Land Registrar and Sub-County Surveyor Tigania, and the Attorney General. The appeal challenged a ruling of the Lower Court in which ex-parte rectification orders were made over land parcels. Two defects emerged: the appellant had initiated the appeal without first obtaining leave to file it out of time, and he was not a party to the suit in which the impugned ruling was rendered, nor had he applied to the Lower Court for a stay of the ex-parte order, joinder as a party, or setting aside of that order. The court held the appeal was irregularly and prematurely before it and struck it out, directing the appellant to first move the Lower Court, with liberty to lodge a fresh appeal once the Lower Court determined his plea. On costs, the court noted from the impugned ruling that both the Lower Court and the 1st respondent knew the rectification orders would affect parcels owned by the appellant and other landowners, yet the 1st respondent elected not to join them; the appellant was thus the victim, not the author, of the situation and the 1st respondent was denied costs. Each party was directed to bear their respective costs. No authorities or statutes were cited.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether an appeal filed without first obtaining leave to file out of time is properly before the court
  2. 2.Whether the appellant, who was not a party to the suit appealed from, could mount the appeal without first seeking leave, joinder or setting aside of the ex-parte order in the Lower Court

Key legal issues

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01

Whether the appeal was properly instituted

Holding

The appeal was struck out because the appellant never obtained leave to appeal out of time and was not a party to the suit below.

Reasoning

The court found that the appellant initiated the appeal without leave to file out of time, and had not applied to the Lower Court for stay of the ex-parte order, joinder, or setting aside of the impugned order. Absent those prerequisite steps, the appeal was premature and irregular, warranting striking out.

p. 1

Legal principles established

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  • An appeal by a non-party who has not first obtained leave, or sought joinder or setting aside of the impugned order in the subordinate court, is irregularly and prematurely before the court and liable to be struck out.

Court orders

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  1. 1.The appeal is struck out
  2. 2.The appellant is directed to first move the Lower Court for appropriate orders (stay, joinder, setting aside the ex-parte order)
  3. 3.The appellant is at liberty to initiate a fresh appeal once the Lower Court determines his plea
  4. 4.Each party to bear their respective costs; the 1st respondent is not awarded costs as sought

The bench

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One judgment of the whole court — no separate or dissenting opinions.

BE
majority

Wrote the judgment

On appeal from
Lower Court (magistrates' court, not specified)
Jurisdiction invoked
Appellate jurisdiction of the Environment and Land Court over an appeal filed without leave (leave to appeal out of time not obtained)

Relief refused

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Costs awarded to the 1st respondent as sought

The 1st respondent elected not to join the appellant despite knowing the rectification orders would affect his parcels

p. 2

Costs

Appeal struck out with an order that parties bear their respective costs; the 1st respondent is not awarded costs as sought.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In essence, this appeal is irregularly and prematurely before this court.
p. 2Irregular and premature appeal
In the end, this appeal is struck out with an order that parties are to bear their respective costs. It is so ordered.
p. 2Final orders

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Julius Ntongai Takuabi v Joseph Muriira, Land Registrar Tigania, Sub-County Surveyor Tigania & Attorney General", Case Analysis (2026). ELCL APPEAL CASE NO. E090 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5837/eng@2026-09-23

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.