Case ID:167874
Parties: None
Date Delivered: None
Case Type: None
Court: None
Judges: None
Citation: None
Republic v Land Adjudication Officer Meru South/Maara District; M’Riba Rumukia & another (Interested Parties) Ex Parte Zachary Njeru Mugambi & 2 others [2020] eKLR
Case Metadata
Case Number:
Environment and Land Judicial Review Case 21 of 2017
Parties:
Republic v Land Adjudication Officer Meru South/Maara District; M’Riba Rumukia & Mwenda Kajogi (Interested Parties) Ex Parte Zachary Njeru Mugambi, M’ndereba Magiri & Francis Kaburu Johnson
Date Delivered:
15 Dec 2020
Case Class:
Civil
Court:
Environment and Land Court at Chuka
Case Action:
Ruling
Judge(s):
Peter Muchoki Njoroge
Citation:
Republic v Land Adjudication Officer Meru South/Maara District; M’Riba Rumukia & another (Interested Parties) Ex Parte Zachary Njeru Mugambi & 2 others [2020] eKLR
Court Division:
Environment and Land
County:
Tharaka Nithi
Case Outcome:
Application partly 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 CHUKA
CHUKA ELC JUDICIAL REVIEW CASE NO. 21 OF 2017
FORMERLY MERU ELC JUDICIAL REVIEW CASE NO. 615 OF 2013
REPUBLIC....................................................................................APPLICANT
VERSUS
LAND ADJUDICATION OFFICER
MERU SOUTH/MAARA DISTRICT....................................RESPONDENT
M’RIBA RUMUKIA............................................1
ST
INTERESTED PARTY
MWENDA KAJOGI...........................................2
ND
INTERESTED PARTY
EX-PARTE:
ZACHARY NJERU MUGAMBI.........................................1
ST
APPLICANT
M’NDEREBA MAGIRI.......................................................2
ND
APPLICANT
FRANCIS KABURU JOHNSON........................................3
RD
APPLICANT
RULING
1. This application has been brought to court by way of Chamber Summons under sections 3 and 3A of the Civil Procedure Act.
2. The application is dated
10
th
December, 2020
and seeks the following orders:
1. The honourable court be pleased to hear this application on priority basis.
2. The honourable court be pleased to order for the lifting of restrictions placed on L.R. Muthambi/L-Kandungu/87 by the chief land registrar.
3. The honourable court be pleased to authorize the court executive officer to sign the mutation forms of L.R. No. Muthambi/L.Kandungu/87 on behalf of the 1
st
and 2
nd
Interested Parties who have refused to sign the same.
4. Costs be provided for.
3. The application has the following grounds:
A. The surveyor is unable to implement the court orders due to the restriction on the title and due to the failure of some parties to sign the mutation.
B. This order is for purposes of implementing the decree of this court and as such no party will be prejudiced by the orders sought.
4. The application is buttressed by the affidavit of
FRANCIS KABURU
JOHNSON
sworn on
10
th
December, 2020
, which states:-
I, FRANCS KABURU JOHNSON of P. O. Box 171 Chuka
, do make oath and state as follows:-
1. That I am the applicant herein and thus competent to swear this affidavit.
2. That pursuant to this court’s orders to combine and distribute L.R. No. Muthambi/L-Kandungu/87 the surveyor has done the mutation but he is unable to register the same because there is a restriction on the title and because the 1
st
and 2
nd
interested parties have declined to sign the mutation forms (annexed is the search certificate marked F.K. ‘1’).
3. That the orders sought herein are merely to help implement the decree of this court and will not prejudice any of the parties if granted.
4. That all what is deponed to herein is true to the best of my knowledge, belief and understanding.
5. The court notes that the application is meant to facilitate implementation of court orders.
6. Prayer 1 in the application is spent because the application has been heard on a priority basis in chambers during these Covid-19 times.
7. The following orders are issued:
a) Prayers 2 and 3 are hereby granted.
b) I issue
NO
order regarding costs.
Delivered in Chambers at Chuka this 15
th
day of December, 2020
in the presence of:
CA: Ndegwa
P. M. NJOROGE,
JUDGE.