M’Mugaine v Nkanata (Land Case Appeal 56 of 2012) [2026] KEELC 657 (KLR) (10 February 2026) (Ruling)

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ELCL APPEAL CASE NO. 56 OF 2012 JOSEPH MURITHI M’MUGAINE .................................APPELLANT -VERSUS- MWARANIA NKANATA............................................RESPONDENT RULING (EX-TEMPORE) 1. The court has considered the application dated 1/12/2025. It is a post-judgment plea seeking orders enforcing the judgment of the trial court, dated 6/6/2012. This court exercised appellate jurisdiction in this matter. Vide a judgment rendered by Cherono J on 14/11/2018, this court rejected and dismissed the appellant’s appeal, for lack of merit. No positive order was issued by this court in the said judgment. 2. Even if a positive order/decree existed in the judgment, the proper platform on which to enforce the order/decree is Page 1 | 2 Nkubu SPMC Civil Case No 16 of 2010. However, none exists. 3. The present application should be filed and canvassed in Nkubu SPMC Civil Case No 16 of 2010. For the above reason, the application dated 1/12/2025 is struck out with no order as to costs. DATED, SIGNED AND DELIVERED AT MERU THIS 10TH DAY OF FEBRUARY, 2026. B M EBOSO [MR] ELC JUDGE In the presence of: Mr Mwarania Nkanata -Respondent - Present in Person. Appellant in person. Court Assistant – Mr. E. Tupet Page 2 | 2