Case ID:162739

Margaret Mukonatho v Attorney General & 4 others [2020] eKLR

Case Metadata

Case Number:

Environment and Land Case 37 of 2019 (OS)

Parties:

Margaret Mukonatho V Attorney General , Dlaso, (Demarcation Land Surveyor Officer) Land Adjudication Officer, Chief Giithu Location & Nahashon Karuti

Date Delivered:

06 Aug 2020

Case Class:

Civil

Court:

Environment and Land Court at Meru

Case Action:

Ruling

Judge(s):

Peter Muchoki Njoroge

Citation:

Margaret Mukonatho v Attorney General & 4 others [2020] eKLR

Court Division:

Environment and Land

County:

Tharaka Nithi

Case Outcome:

Application ordered

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT CHUKA

MERU ELC CASE NO. 37 OF 2019 (OS)

MARGARET MUKONATHO.........................................PLAINTIFF/APPLICANT

VERSUS

ATTORNEY GENERAL..................................1

ST

DEFENDANT/RESPONDENT

DLASO................................................................2

ND

DEFENDANT/RESPONDENT

(DEMARCATION LAND SURVEYOR OFFICER)

LAND ADJUDICATION OFFICR...................3

RD

DEFENDANT/RESPONDENT

CHIEF GIITHU LOCATION.............................4

TH

DEFENDANT/RESPONDENT

NAHASHON KARUTI ....................................5

TH

DEFENDANT/RESPONDENT

RULING

1. This application is dated 24

th

July, 2020 and seeks the following orders:-

1. This Hon. Court be pleased to certify the matter herein is of uttermost urgent in the 1

st

instant for continuing of criminal offences of malicious damages felling of trees and splitting timbers and selling by forceful trespassing and violently.

2. This Hon. court further do issue an order for inhibition restraining the 5

th

respondent from forcefully and violently trespassing the applicant piece of land parcel No. 2411 at Giithu adjudication section pending hearing and determination of the case.

3. This Hon. Court to grant an order to the O.C.S. of Mikinduri Police Station to implement the court order for any forceful trespassing the suit land.

2. The application is supported by the affidavit of Margaret Mukonathu, the applicant and has the following grounds:-

a) The 5

th

respondent is continuing with criminal activities of forceful trespassing and violently damaging the applicant properties in the suit land knowing to be criminal offences when the case is pending in court for determination.

b) Despite several reporting to police at Mikinduri Police Station no action has been taken by the police pretending the case is in court.

3. Upon perusal of the application, I note that it concerns matters which have been under adjudication. In my view the orders sought should be handled by the court which will hear the main suit, in this case the Meru ELC Case. I issue the following orders:-

a) The matter is NOT certified urgent BUT is to be heard on priority basis.

b) The application will be placed before the Hon. Lady Lucy Mbugua, ELC Judge, at Meru on 19

th

August, 2020.

Delivered in Chambers at Chuka this

6

th

day of August, 2020

before:

CA: Ndegwa

P. M. NJOROGE,

JUDGE.