REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ELCL APPEAL CASE NO. E090 OF 2026 JULIUS NTONGAI TAKUABI.....................................APPELLANT =VERSUS= JOSEPH MURIIRA ........................................1ST RESPONDENT LAND REGISTRAR, TIGANIA.........................2ND RESPONDENT SUB-COUNTY SURVEYOR, TIGANIA..............3RD RESPONDENT ATTORNEY GENERAL...................................4TH RESPONDENT RULING [EX-TEMPORE] 1. Before this court for hearing is a notice of motion dated 13/8/2026. It has at this point emerged that the appellant initiated this appeal without first obtaining leave to file the appeal out of time. It has also emerged that the appellant was not a party to the suit in which the impugned ruling Page 1| 3
page 1 of 3
was rendered and has not bothered to apply to the Lower Court to: (i) stay the ex-parte order; (ii) join him as a party to the case; and (iii) set aside the impugned ex-parte order. In essence, this appeal is irregularly and prematurely before this court. 2. For the above reasons, the appeal is struck out on the above grounds and the appellant is directed to first move the Lower Court for appropriate orders. The appellant will be at liberty to initiate a fresh appeal once the Lower Court renders itself on his plea. 3. On costs, it is clear from paragraph 2 of the exhibited impugned ruling that both the Lower Court and the 1st respondent [Joseph Muriira] were aware that the rectification orders which the 1st respondent sought were going to affect parcels owned by the appellant and other land owners. The 1st respondent, nonetheless, elected not to join the appellant as a party to the case. On its part, the Lower Court entertained the case in the absence of the owners of the six affected parcels. By electing to omit the appellant, the 1st respondent is the author of the current predicament of the appellant. He will, in the circumstances, not be awarded costs as sought. 4. In the end, this appeal is struck out with an order that parties are to bear their respective costs. It is so ordered. DATED, SIGNED AND DELIVERED AT MERU THIS 23RD DAY OF SEPTEMBER, 2026. B M EBOSO [MR] ELC JUDGE Page 2| 3
page 2 of 3
In the Presence of: Mr Moses Laikuru for the Appellant Ms E. Wairimu for the 2nd, 3rd and 4th Respondents Mr Otieno C for the 1st Respondent Court Assistant – Mr. E. Tupet Page 3| 3
page 3 of 3