JAMES MWANGI CHEGE V. BERNARD KAMAU MATHU & DOMINIC NJOROGE MATHU

RULING OF THE COURT

This is an application for the reinstatement of Civil Application No. Nai 296 of 2009, James Mwangi Chege v. Bernard Kamau Mathu and Another, dated 3^rd October, 2009.The application was dismissed by this court on 20^th June, 2012 for the reason that the learned counsel for the appellant did not attend the hearing.

The dismissed application sought to restrain the respondents by an order of injunction from transferring, selling, charging, disposing or in any way dealing with the Title No. Ndumberi/Ndumberi/164 pending the hearing inter-partes of that application, and further that the District Land Registrar Kiambu be asked to effect a stay in the Land Register in terms of the order of the court.

Mr. Wanyaga, learned counsel for the appellant submitted that, the firm of Kinoti and Kibe Advocates had taken over the matter from M/S Gitonga Kinyanjui Advocates on 19^th October, 2010, and had filed a notice of change of advocates. Despite this, the registry served the hearing …