Case ID:167724

Zakaria Kiruki v Shadrack Mwiti & 2 others [2020] eKLR

Case Metadata

Case Number:

Environment and Land Case 6A of 2011

Parties:

Zakaria Kiruki v Shadrack Mwiti, Janet Maringa M’Ikiara & Evangeline Nkirote M’Ikiara

Date Delivered:

14 Dec 2020

Case Class:

Civil

Court:

Environment and Land Court at Meru

Case Action:

Ruling

Judge(s):

Lucy Ngima Mbugua

Citation:

Zakaria Kiruki v Shadrack Mwiti & 2 others [2020] eKLR

Court Division:

Environment and Land

County:

Meru

Case Outcome:

Application allowed

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 MERU

ELC CASE NO. 6A OF 2011

ZA

KARI

A KIRUKI.............................................................PLAINTIFF

VERSUS

SHADRACK MWITI................................................1

ST

DEFENDANT

JANET MARINGA M’IKIARA................................2

ND

DEFENDANT

EVANGELINE NKIROTE M’IKIARA......................3

RD

DEFENDANT

RULING

1. This ruling is in respect of the application dated 25.2.2020, where the applicant is seeking an order for the Land Registrar Imenti North to dispense with the Title Deed for the Land Parcel no. NKUENE/U-MIKUMBUNE/574. The applicant contends that there is no order staying the judgment delivered on 17.10.2018.

2. The respondent did not file any document in opposition to the application hence the same is unopposed. The applicant has submitted that the respondent has refused to release the title deed in respect of the suit parcel. I therefore find that the application is meant to give effect to the implementation of the aforementioned judgment. The application is allowed as drawn. File closed.

DATED, SIGNED AND DELIVERED IN MERU THIS

14

TH

DAY OF

DECEMBER

, 20

20

HON. LUCY. N. MBUGUA

ELC JUDGE

ORDER

The date of delivery of this ruling was given via a notice dated 7.12.2020. In light of the declaration of measures restricting court operations due to the

COVID-19

pandemic

and following the practice directions issued by his Lordship, the Chief Justice dated 17

th

March, 2020 and published in the Kenya Gazette of 17

th

April 2020 as Gazette Notice no.3137, this Ruling has been delivered to the parties by electronic mail. They are deemed to have waived compliance with order 21 rule 1 of the

Civil Procedure Rules

which requires that all judgments and rulings be pronounced in open court.

HON. LUCY N. MBUGUA

ELC JUDGE